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Home My WebLink About20160061.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-26 was introduced on first reading on December 14, 2015, and a public hearing and second reading was held on October 31, 2016. A public hearing and final reading was completed on November 28, 2016, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2015-26 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE EFFECTIVE DATE: December 12, 2016 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 2, 2016 PUBLISHED: December 7, 2016, in the Greeley Tribune ******* CHANGES MADE TO CODE ORDINANCE #2015-26 ON FINAL READING Amend Sec. 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: BUILDING UNIT. For the purpose of obtaining a Weld Oil and Gas Assessment, shall mean a Residential Building Unit; and every five thousand (5,000) square feet of building floor area in commercial facilities or every fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and normally occupied during working hours. OIL AND GAS LOCATION: Shall mean the definable area(s) where an operator has disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA), pursuant to Division 10 of the Code. °7O/6,-vo6.1 Table 23-1E Land Use Process for Siting Oil and Gas Production Facilities Zone ( R-1 [ R-2� R-3 l R-4 r R-5 Application UBR* I UBR* UBR* UBR* I UBR* C-2 UBR* IUBR* C-3 UBR* C-4 I I-1 1-2 1-3 E PUD A UBR*I UBR* UBR* UBR* UBR* UBR* UBR* * UBR - Use by Right with a Weld Oil and Gas Location Assessment (WOGLA). OPERATOR: Any person who exercises the right to control the conduct of oil and gas operations. RESIDENTIAL BUILDING UNIT. For the purpose of obtaining a Weld Oil and Gas Location Assessment, means a building or structure designed for use as a place of residency by a person, a family, or families. The term includes manufactured, mobile, and modular homes, except to the extent that any such manufactured, mobile, or modular home is intended for temporary occupancy or for business purposes Amend Division 10 - Weld Oil and Gas Location Assessment (WOGLA). Amend Sec. 23-2-1010. Intent and applicability. A. Weld Oil and Gas Location Assessment (WOGLA) requires additional consideration to ensure the OIL AND GAS FACILITY is developed in a manner that complies with various standards set forth in Section 23-2-1020 of this Chapter that provide compatibility with USES located within 1,000 feet of the OIL AND GAS LOCATION. The WOGLA is designed to protect and promote the health, safety, and welfare of the present and future residents of the COUNTY. B. A WOGLA is required after February 1, 2017, for the construction of OIL AND GAS FACILITIES in all zone districts. A WOGLA may include multiple OIL AND GAS LOCATIONS on an individual permit, if it is located on a single surface owner's property. C. No OIL AND GAS FACILITY shall be constructed in any zone district until a WOGLA has been granted by the Department of Planning Services or the Board of County Commissioners. D. The Department of Planning Services shall not issue a building permit for any OIL AND GAS FACILITY in any zone district until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners. E. No WOGLA shall be required for: 1. An OIL AND GAS FACILITY for which an application on a Form 2A has been submitted to the Colorado Oil and Gas Conservation Commission on or before February 1, 2017. 2. Routine well operations and subsequent operations, including, but not limited to, swabbing, workovers, refracs, recompletions and normal repairs and maintenance of an existing OIL AND GAS FACILITY, so long as such repairs and maintenance do not have the effect of expanding or enlarging the original OIL AND GAS FACILITY by more than fifty percent (50%). 3. One time expansion or enlargement of an OIL AND GAS FACILITY after February 1, 2017, that increases the OIL AND GAS FACILITY by less than fifty percent (50%). 4. Repairs or maintenance of an OIL AND GAS FACILITY required by a state or federal compliance order. F. Any person or an OPERATOR filing an application for a WOGLA shall comply with the County procedures and regulations as set forth herein. G. Any person or an OPERATOR filing an application for a WOGLA shall comply with Article V and Article XI of this Chapter if the proposal is located within any Overlay District Area or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. H. Applications for a WOGLA shall be completed as set forth in Section 23-2-1020, below. The completed application and application fees shall be submitted to the Department of Planning Services. I. The Department of Planning Services may require an Applicant to submit an Improvements Agreement for the construction of required improvements to mitigate impacts caused by the OIL AND GAS FACILITY. The Improvements Agreement shall be made in conformance with the County policy for improvements and agreements and must be approved by the Board of County Commissioners prior to operation. J. The review, consideration and issuance of a WOGLA is an administrative process and is exempt from the definition of DEVELOPMENT set forth in the agreements contained in Chapter 19 of the Weld County Code. Amend Sec. 23-2-1020. Application requirements for WOGLA. Any person or an OPERATOR shall be the Applicant for the WOGLA. A WOGLA application shall be submitted to the Department of Planning Services for processing and determination of whether the application is complete and in compliance with the requirements of this Section, Upon the Applicant's or Planning Director's request, made either before or after the submittal of the application, there may be an application meeting between the Applicant and the Department of Planning Services, which may be accomplished through a face-to-face meeting, electronic mail exchange, or conference call, as determined by the Department of Planning Services. The purpose of the application meeting is to give the Applicant an opportunity to demonstrate, through written and graphic information, how the OIL AND GAS FACILITY complies with the standards set forth in this Section. The following supporting documents shall be submitted as a part of the application: A. An application for a WOGLA on a form supplied by the Department of Planning Services. The application shall include the following: 1. The name, address, and telephone number of the Applicant. 2. Legal description of the OIL AND GAS LOCATION under consideration. 3.-5. — No changes. 6. Signature of the Applicant. B. Certification that notice of the application for the WOGLA has been delivered to BUILDING UNIT owner(s) located within 1,000 feet of the OIL AND GAS LOCATION, and to the Planning Commission or governing body of any town, city, county and/or town, city and county whose boundaries are within 1,000 feet of the OIL AND GAS LOCATION. Such notice shall comply with the following: The Applicant shall deliver a WOGLA notice to the following parties: BUILDING UNIT owners located within 1,000 feet of the OIL AND GAS LOCATION (as determined by Weld County Assessors record at the time of notice), the Weld County Local Government Designee (LGD), and LGD's for municipalities located within 1,000 feet of the OIL AND GAS FACILITY. The WOGLA notice shall inform the recipients they must respond to either the operator or the County within 28 days of receiving the notice. Delivery of the WOGLA notice shall occur not more than six (6) months prior to submitting an Oil and Gas Location Assessment or Form 2A to the Colorado Oil & Gas Conservation Commission. The WOGLA notice shall include the following information: 1. The location and a general description of the proposed OIL AND GAS FACILITIES. 2. The anticipated date operations will commence (by calendar quarter and year). 3. A "notification zone" drawing showing the names and addresses of the property owners and municipalities whose properties or municipal boundaries are located within 1,000 feet of the OIL AND GAS FACILITY'S components. 4. A proposed access map, including off -site haul route(s). 5. A drawing showing the OIL AND GAS FACILITY and disturbed areas. The drawing shall be a scaled drawing, or scaled aerial photograph showing the approximate outline of the OIL AND GAS LOCATION and all wells and/or production facilities used for measuring distances shall be attached. The drawing shall include all visible improvements within 1,000 feet of the proposed OIL AND GAS LOCATION, with a horizontal distance and approximate bearing from the OIL AND GAS FACILITIES. Visible improvements shall include, but not be limited to, all buildings and properties, publicly maintained roads and trails, fences, above -ground utility lines, railroads, pipelines or pipeline markers, mines, oil wells, gas wells, injection wells, water wells known to the operator and those registered with the Colorado State Engineer, known springs, plugged wells, known sewers with manholes, standing bodies of water, and natural channels, including permanent canals and ditches through which water may flow. If there are no visible improvements within 1,000 feet of a proposed OIL AND GAS LOCATION, it shall be so noted on the map. The Location Drawing shall also include the approved access(es) and proposed mitigation measures. 6. A list of the OIL AND GAS FACILITY components. 7. A statement that the notice recipient may request a meeting to discuss the proposed OIL AND GAS FACILITY by contacting the County or the Operator. 8. Operator and COUNTY contact information: a. After notice is received, additional information or proof of notice may be requested by the County. Based on site specific considerations, the COUNTY may request that additional parties be included in the notification. b. A BUILDING UNIT owner within 1,000 feet of a proposed OIL AND GAS LOCATION who would be eligible to receive a WOGLA notice may, through letter delivered to the Planning Director, waive future receipt of such notice(s). C. Certification in the application that a Surface Use Agreement (SUA) or other document, including, but not limited to, a Memorandum of SUA or an affidavit by the Applicant, has been executed by the operator and the surface owner(s) of the property where the OIL AND GAS LOCATION will be located, demonstrating that the operator and surface owner have agreed to an OIL AND GAS LOCATION. If no SUA or other document is available at the time of applying for the WOGLA, the Applicant shall proceed with the WOGLA process and shall provide a statement in the WOGLA application that it is currently in SUA, or other agreement negotiations, and that it will bond onto the OIL AND GAS LOCATION through the Colorado Oil and Gas Conservation Commission, or otherwise utilize its legal right of access as codified in C.R.S. § 34-60-127. D. Certification that the Applicant has notified the owner(s) of BUILDING UNITS located within 1,000 feet of the OIL AND GAS LOCATION (as determined by Weld County Assessor's record at the time of notice), the Weld County Local Government Designee (LGD), and LGD's for municipalities located within 1,000 feet of the OIL AND GAS LOCATION and has met with those notice recipients who have requested consultation. E. — No changes. F. A statement which provides evidence of compliance with the following standards: 1.-3. — No changes. 4. Haul routes shall be designated and developed in consultation with the COUNTY. Municipals, with roadways which are part of the haul routes, should be included in such consultation. 5.-11. — No changes. G. -H. — No changes. I. A statement describing the kind of vehicles (type, size, weight) that will access the OIL AND GAS FACILITY during drilling and completion operations, and a defined access route. This shall include a traffic narrative with the following information: 1.-3. — No changes. 4. The time of day when the highest traffic volumes are expected. A statement describing who will provide fire protection to the site. If the drilling waste (cuttings and fluids) will be disposed of on the OIL AND GAS LOCATION, including a statement describing the location and disposal method. J. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of BUILDING UNIT owners within 1,000 feet of the OIL AND GAS LOCATION. The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the Applicant shall certify that such list was assembled within thirty (30) days of the application submission date. K. Where an authorized legal agent signs the application for the OIL AND GAS FACILITY on behalf of the Applicant, evidence of a power of attorney or other authorization for the signature of the legal agent must be provided. L. If applicable, an Improvements Agreement executed by the Applicant. This Improvements Agreement shall be in accordance with the County policy and documents for collateral for improvements. M. The Applicant shall consult with the Weld County Office of Emergency Management to put together an Emergency Action Plan, if needed. N. Such additional information as may be required by the Department of Planning Services. Amend Sec. 23-2-1030. Review of application and issuance of Weld Oil and Gas Location Assessment (WOGLA). The Department of Planning Services will review the WOGLA application to determine if it is complete, which shall occur within seven (7) business days of the filing of the application. At the discretion of the Applicant or the Director of Planning Services, an application meeting may be required. If so, the Applicant shall arrange for an application meeting with the Department of Planning Services. The Planning Director may approve the WOGLA, if he or she determines that the application provides sufficient evidence showing that the standards set forth in Sections 23- 2-1010 and 23-2-1020, above, will be met. If the Planning Director determines that the application does not provide sufficient evidence showing that the standards set forth in Sections 23-2-1010 and 23-2-1020, above, will be met, he or she will forward the application to the Board of County Commissioners for its review and consideration in a formal hearing before the Board. The Department of Planning Services shall be responsible for the following: A. Refer the application to the following agencies, when applicable, for review and comment. The agencies named shall respond within twenty-eight (28) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-eight (28) days shall be deemed to be a favorable response to the Planning Department. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed WOGLA. The reviews and comments submitted by a referral agency are recommendations to the Board of County Commissioners: 1.-3. — No changes. 4. Colorado Parks and Wildlife. 5.-8. — No changes. B. Provide the Applicant with a sign notifying the public of the Board of County Commissioners' hearing, which shall be posted by the Applicant, adjacent to and visible from, a publicly maintained road right-of-way. In the event the OIL AND GAS FACILITY is not adjacent to a publicly maintained road right-of-way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing by the Board of County Commissioners. Evidence that the Applicant posted the sign shall be provided to the Department of Planning Services. C. Give notice of the hearing to those persons listed in the application as BUILDING UNIT owners of property located within 1,000 feet of the OIL AND GAS LOCATION. Such notification shall be mailed first-class by the Department. D. Prepare staff comments addressing all aspects of the application, its conformance with the Weld County Code in effect at the time of filing of the application, sound land use planning practices, comments received from agencies to which the proposal was referred, and standards contained in Sections 23-2-1010 and 23-2-1020, above. E. Prepare legal notice for the Board of County Commissioners' hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the hearing. Notice of the hearings shall be sent to persons listed in the application as BUILDING UNIT owners whose properties are located within 1,000 feet of the OIL AND GAS LOCATION. Such notification shall be mailed first-class. Amend Sec. 23-2-1040. Compliance with WOGLA standards. An applicant for a WOGLA shall demonstrate conformance with, and shall continue to meet, the WOGLA standards approved and adopted by the County. Noncompliance with the approved WOGLA standards may be reason for rescission of the WOGLA by the Board of County Commissioners. Amend Sec. 23-2-1050. Changes and termination of use. A. Major changes from the approved WOGLA shall require the approval of an amended WOGLA by the Weld County Planning Director. The Department of Planning Services is responsible for determining whether a major change exists, in which case a new WOGLA application and processing shall be required. Any other changes shall be filed in the Department of Planning Services in the approved WOGLA file. B. Construction pursuant to approval of a WOGLA shall be commenced, and continual progress made within three (3) years from the date of approval, or the approval shall terminate. The Planning Director may grant an extension of time, for good cause shown, upon a written request. Amend Sec. 23-2-1070. Rescission procedures. A. If at any time following the approval of a WOGLA the Department of Planning Services determines that one (1) or more of the WOGLA standards set forth in Sections 23-2-1010 and 23-2-1020, above, has not been met, the Planning Director shall notify the Operator of the OIL AND GAS FACILITY of the failure to meet the standard(s). The Operator will be given thirty (30) days in which to cure the failure to comply with the standard(s). If at the end of the thirty (30) days the failure to comply with the standards has not been cured, a hearing shall be scheduled before the Board of County Commissioners. B. The Board of County Commissioners shall hold a public hearing to determine if one (1) or more of the WOGLA standards set forth in Sections 23-2-1010 and 23-2-1020, above, has not been met. Upon such a finding, the Board may rescind the WOGLA and seek any appropriate legal remedies to cease the USE of the OIL AND GAS FACILITY. Amend Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. through H. — No change. I. OIL AND GAS FACILITIES 1. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1) or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160, below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 1. through 8. — No change. 9. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the R- 1 (Low - Density Residential) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-1 Zone District except for one (1) or more of the following USES, which must be conducted in ENCLOSED BUILDINGS and in compliance with the performance standards contained in Section 23-3-250, below. No outside storage will be allowed in the C- 1 Zone District. USES within the C-1 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. through 14. — No change. 15. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-1 (Neighborhood Commercial) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-2 Zone District except for one (1) or more of the following USES, which must be ENCLOSED and conducted in compliance with the performance standards contained in Section 23-3-25Q below. No outside storage will be allowed in the C-2 Zone District. USES within the C-2 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. through 17. — No change. 18. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C- 2 (General Commercial) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the following USES which must be conducted in compliance with performance standards contained in Section 23-3- 25Q below. USES within the C-3 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. through 17. — No change. 18. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-3 (Business Commercial) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-4 Zone District except for one (1) or more of the following USES which must be conducted in conformance with performance standards contained in Subsection F below. USES within the C-4 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. through 10. — No change. 11. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-4 (Highway Commercial) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-310. I-1 (Industrial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES. The USES must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 of this Division. 1. through 11. — No change. 12. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the I-1 (Industrial) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the E (Estate) Zone District except for one (1) or more of the following USES. Land in the E Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-440, below. Uses within the E Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. A. through I. — No change. J. OIL AND GAS FACILITIES. 1. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the E (Estate) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Add Sec. 23-3-550. Uses allowed by right. A. OIL AND GAS FACILITIES. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. I NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-26 was introduced on fiirst reading on December 14, 2015, and a public hearing and second reading was held on October 31 , 2016. A public hearing and final read�ng was completed on November 28, 2016, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is tisted below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of ihe Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Maii correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2015-26 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE EFFECTIVE DATE: December 12, 2016 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • DATED: December 2, 2016 PUBLISHED: December 7, 2016, in the Greeley Tribune ....... CHANGES MADE TO CODE ORDINANCE #2015-26 ON FINAL READING Amend Sec. 23-1 -90. Definitions. For the purposes of this Chapter, certain ierms or words used herein shall be interpreted as defined in this Section. The following specific words and Phrases, when appearin� in this Chapter in uppercase letters, shall have the meanin4s stated in this Section: BUILDING UNIT: For the purpose of obtaining a Weld Oil and Gas Assessment, shall mean a Residential Building Unit; and every five thousand (5,000) square feet of building floor area in commercial facilities or every fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and normafly occupied during working hours. OIL AND GAS LOCATION: Shall mean the definabte area(s) where an operator nas disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for the purposes of obtainirg a Weld Oil arW Gas Location Assessment (WOGLA), pursuant to Division 10 of the Code. Table 23-1 E Land Use Process for Siting Oil and Gas Production Facilfties one R-1 R-2 R-3 R-4 R-5 -1 -2 C-3 C-4 -1 I-2 13 E PU A Applicallon UBR' UBR` UBR' UBR" UBR' UBR' UBR' UBR' UBR' UBR' UBR' UBR' UBH' UBR' UBR' ' UBR - Use by Right with a Weld Oil and Gas Location Assessment (WOGLA). OPERATOR: Any person who exercises the right to control the conduct of oil and gas operations. RESIDENTIAL BUILDING UNIT: For the purpose of obtaining a Weld Oil and Gas Location Assessment, means a building or structure designed for use as a place of residency by a person, a family, or families. The term includes manufactured, mobile, and modular homes, except to the extent that any such manufactured, mobile, or modular home is intended for temporary occupancy or for business purposes Amend Division 10 - Weld Oil and Gas Location Assessment (WOGLA). Amend Sec. 23-2-1010. Intent and appiicability. A. Weld Oil and Gas Location Assessment (WOGLA) requires additional consideration to ensure the OIL AND GAS FACILITY is developed in a manner that complies with various standards set forth in Section 23-2-1020 of this Chapter that provide compatibility with USES located within 1 ,000 feet of the OIL AND GAS LOCATION. The WOGLA is designed to protect and promote the heaRh, safety, and weHare of the present and future residents of the COUNTY. B. A WOGLA is required after February 1 , 2017, for the construction of OIL AND GAS FACILITIES in all zone districts. A WOGLA may include multiple OIL AND GAS LOCATIONS on an individual permit, if it is �ocated on a single surface owner's property. C. No OIL AND GAS FACILITY shall be constructed in any zone district until a WOGLA has been granted by the Department of Planning Services or the Board of County Commissioners. D. The Department of Planning Services shall not issue a building permit for any OIL AND GAS FACILITY in any zone district until a WOGLA has been issued by the Department of Planning Services or the Board of Counry Commissioners. E. No WOGLA shall be required for. 1 . An OIL AND GAS FACILITY for which an application on a Form 2A has been submitted to the Colorado Oil and Gas Conservation Commission on or before February 1 , 2017. 2. Routine well operations and subsequent operations, including, but not limited to, swabbing, workovers, refracs, recompletions and normal repairs and maintenance of a� existing OIL AND GAS FACILITY, so long as such repairs and maintenance do not have the eHect of expanding or enlarging the original OIL AND GAS FACILITY by more than f'rfty percent (50%). 3. One 6me expansion or enlargement of an OIL AND GAS FACILITY after February i , 2017, that increases the OIL AND GAS FACILITY by less than fifty percent (50%). 4. Repairs or maintenance of an OIL AND GAS FACILITY required by a state or federal compiiance order. F. Any person or an OPERATOR filing an application for a WOGLA shall comply with the County procedures and regulations as set forth herein. G. Any person or an OPERATOR filing an application for a WOGLA shall comply with Article V and Article XI of this Chapter if the pr0posal �5 located within any Overlay DisVict Area or a Special Flood Hazard Area identified by maps ofticially adopted by the COUN7Y. H. APplications for a WOGLA shall be completed as set forth in Section 23-2-1020, below. The completed application and appli- cation fees shall be submitted to the Department of Planning Services. I. The Department of Planning Services may require an Applicant to submit an Improvements Agreemeni for the consVuction of required improvements to mitigate impacts caused by the OiL AND GAS FACILITY. The Improvements Agreement shall be made in conformance with the County policy for improvements and agreements and must be approved by the Board of County Commissioners prior to operation. J. The review, consideration and issuance of a WOGLA is an administrative process and is exempt from the definition of DEVELOPMENT set forth in the agreements contained in Chapter 19 of the Weld County Code. Amend Sec. 23-2-1020. AppIication requirements for WOGLA. Any person or an OPERA7OR shall be the Applicant for the WOGLA. A WOGLA application shall be submitted to the Department ot Planning Services for processing and determination of whether the applicatlon is complete and in compliance wfth the require- ments of this Section. Upon the Applicant's or Planning Director's request, made either before or after the submittal of the applica- tion, there may be an application meeting behveen the Applicant and the Department of Planning Services, which may be accom- plished through a face-to-face meeting, electronic mail -exchange, or conference call, as determined by 4he Department of Planning Services. The purpose of the application meeting is to give the Applicant an opportunity to demonshate, throu�h written and grephic information, how the OIL AND GAS FACILITY complies with the standards set forth in this Section. The following suppoRing docu- ments shall be submitted as a part of the application: A. An applicadon for a WOGLA on a form supplied by the Departrnent of Planning Services. The application shall include the fol- lowing: i . The name, address, and telephone number of the Applicant. 2: Legal description of the OIL AND GAS LOCATION under consideration. 3.-5. — No changes. 6. Signature of the Applicant. B. Certification that notice of the application for the WOGLA has been delivered to BUILDING UNIT owner(s) located within 1 ,000 feet of ihe OIL AND GAS LOCATION, and to the Planning Commission or governing body of any town, ciry, county and/or town, city and county whose boundaries are within 1 ,000 feet of the OIL AND GAS LOCATION. Such notice shali comply with the follow- ing: TheAp plicant shall deliver a WOGLA notice to the following parties: BUILDING UNIT owners located within 1 ,000 feet of the OIL AND GAS LOCATION (as determined by Weld County Assessors record at the tlme of notice), the Weld County Local Government Designee (LGD), and LGD's for municipalities located within 1 ,000 feet of the OIL AND GAS FACILITY. The WOGLA notice shall inform the recipients they must respond to either the operator or the County within 26 days of receiving the notice. Delivery of the WOGLA notice shall occur not more than six (6) months prior to submittin� an Oil and Gas Location Assessment or Form 2A to the Colorado OII & Gas Conservation Commission. The WOGLA notice shall include the following information: 1 . The location and a general description of the proposed OIL AND GAS FACILITIES. 2. The anticipated date operations will commence (by calendar quarter and year). 3. A "notification zone" drawing showing the names and addresses of the property owners and municipalities whose properties or municipal boundaries are located within 1 ,000 feet of the OIL AND GAS FACILITY'S componenis. 4. A proposed access map, including off-site haul route(s). 5. A drawing showing the OIL AND GAS FACILITY and disturbed areas. The drawing shall be a scaled drawin�, or scaled aerial photograph showing the approximate outline of the OIL AND GAS LOCATION and all wells and/or production facilities used for measuring distances shall be attached. The drawing shall include all visible improvements within 1 ,000 feet of the proposed OIL AND GAS LOCATION, with a horizontel distance and approzimate bearing from the OIL AND GAS FACILITIES. Visible improve- ments shall include, but not be limited to, all buildings and properties, publicly maintained roads and trails, fences, above-ground utility lines, railroads, pipelines or pipeline markers, mines, oil wells, gas wells, injection wells, water wells known to the operator and those registered with the Coloredo State Engineer, known springs, plugged wells, known sewers with manholes, standing bod- ies ot water, and natural channels, including permanent canals and ditches through which water may flow. If there are no visible improvements within 1 ,000 feet of a proposed OIL AND GAS LOCATION, it shall be so noted on the map. The Location Drawing shall also include the approved access(es) and proposed mitigation measures. 6. A list of the OIL AND GAS FACILITY components. 7. A statement that the notice recipient may request a meeting to discuss the proposed OIL AND GAS FACILITY by contacting the County or the Operator. 8. Operator and COUNN contact information: a. Aker notice is received, additional information or proof of notice may be requested by the Counry. Based on site spec'rfic con- siderations, the COUNTY may request that additional parties be included in the notification. b. A BUILDING UNIT owner within 1 ,000 feet of a proposed OIL AND GAS LOCATION who would be eligible to receive a WOGLA notice may, through letter delivered to the Planning Director, waive future rece'ipt of such notice(s). C: Certification in the application that a SuAace Use Agreement (SUA) or other document, including, but not limited to, a Memorandum ot SUA or an affidavit by the Applicant, has been executed by the operator and the surface owner(s) of the prop- erty where the OIL AND GAS LOCATION will be located, demonstrating that the operator and surface owner have agreed to an OIL AND GAS LOCATION. If no SUA or other document is available at the time of applying for ihe WOGLA, the Applicant shall proceed with the WOGLA process and shall provide a statement in the WOGLA application thai it is currently in SUA, or other agreement negotiations, and that it will bond onto the OIL AND GAS LOCATION through the Colorado Oil and Gas Conservation Commission, or othenvise utilize its legal right of access as codified in C.R.S. § 3460•127. D. Certification that the Applicant has notified the owner(s) of BUILDING UNITS located within 1 ,000 feet of the OIL AND GAS LOCATION (as determined by Weld Counry Assessor's record at the time of notice), the Weld County Local Government Designee (LGD), and LGD's for municipalities located within 1 ,000 feet of the OIL AND GAS LOCATION and has met with those notice recipi- ents who have requested consultation. E. — No changes. F. A statement which provides evidence of compliance with the following standards: t .-3. — No changes. 4. Haul routes shall be designated and developed in consultation with the COUNTY. Municipals, with roadways which are part of the haul routes, should be included in such consultation. 5:71 . — No changes. � G.-H. — No changes. \ i. n statement describing the kind of vehicles (rype, size, weight) that will access the OIL AND GAS FACILII'Y during drilling and completion operetions, and a defined access route. Th�s sfiall include a traffic narrative with the following information: 1 .-3. — No changes. . 4. The time of day when the highest treffic volumes are expected. A statement describing who will provide fire protectlon to the site. If the drilling waste (cuttings and fluids) will be disposed of on the OIL AND GAS LOCATION, including a statement describing the location and disoosal method. J. A certified list of ihe names, addresses and the corresponding Parcel Identification Numbers assigned by [he County Assessor of BUILDING UNIT owners within 1 ,000 feet of the OIL AND GAS LOCATION. The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder. If the lisi was assembled from ihe records of the County Assessor, the Applicant shall certity that such list was assembled within thirty (30) days of the application submission date. K. Where an authorized legal agent signs the application for the OIL AND GAS FACILITY on behalf of the Applicant, evidence of a power of attorney or other authorization for the signature of the legal agent must be provided. L. If applicable, an Improvements Agreement executed by the Applicant. Triis Improvements Agreement shall be in accordance with the County policy and documents for collateral for improvements. M. The Applicant shall consult with the Weld Counry Oifice of Emergency Management to put together an Emergency Action Plan, 'rf needed. N. Such additional information as may be required by the Department of Planning Services. Amend Sec. 23-2-1030. Review of application and issuance of Weld Oil and Gas Location Assessment (WOGLA). The Department of Planning Services will review the WOGLA application to determine if it is complete, which shall occur within seven (7) business days of the filing of the application. At the discretion of the Applicant or the Director of Planning Services, an application meeting may be required. If so, the Applicant,shall arrange for an application meetin� with the Department of Planning Services. The Planning Director may approve the WOGLA, if he or she determines that the application provides sufficient evidence showing that the standards set forth in Sections 23-2-1010 and 23-2-1020, above, will be met. If the Planning Director determines that the apptication does not provide sutficient evidence showing that the standards set forth in Sections 23-2-1010 and 23-2-1020, above, will be met, he or she will forward the application to the Board of County Commissioners for its review and consideration in a formal hearing before the Board. The Department of Planning Services shall be responsible for the following: A. Refer the application to the following agencies, when applicable, for review and comment. The agencies named shall respond within twentyeight (28) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twen- ry-eight (28) days shall be deemed to be a favorable response to the Planning Department. The reviews and comments solicited by the COUNTY are inte�ded to provide the COUNTY with information about the proposed WOGLA. The reviews and comments submitted by a referral agency are recommendations to the Board of County Commissioners: 1 :3. — No changes. ' - 4. Colorado Parks and Wi1dIHe. 5:8. — No changes. B. Provide the Applicant with a sign notiTying the pubiic of the Board of County Commissioners' hearing, which shall be posted by the Applicant, adjacent to and visible from, a publicly maintained road right-o#-way. In the event the OIL AND GAS FACILITY is not adjacent to a publicly maintained road right-of-way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The s�gn shall be posted at least ten (10) days prior to the hearing by the Board of County Commissioners. Evidence that the Applicant posted the sign shall be provided to the Department of Planning Services. C. GWe uonce of the hearing to ttiose persons lieted in the epplicetion as BUILDING UNIT owners of property located within 1 ,000 feet of the OIL AND GAS LOCATION. Such notification shall be mailed first-class by the Department. D. Prepare staff comments addressing all aspects of the application, its conformance with the Weld Counry Code in effect at the time of filing ot the application, sound land use planning practices, commerits received from agencies to which the proposal was referred, and standards contained in Sections 23-2-1010 and 23-2-1020, above. E. Prepare legal notice for the Board of Counly Commissioners' hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the hear- ing. Notice of the hearings shall be sent to persons listed in the application as BUILDING UNI7 owners whosq�roperties are located within 1 ,000 feet of ihe OIL AND GAS COCATION. Such notification shall be mailed first-class. . Amend Sec. 23-2-1040. Compliance with WOGLA standards. An applicant for a WOGLA shall demonstrate conformance with, and shall continue to meet, the WOGLA standards approved and adopted by the County. Noncompliance with the approved WOGLA standards ni8y be reason for rescission of the WOGLA by the BoaM of County Commissioners. � Amend Sec. 23-2-1050. Changes and termination of use. A. Major changes from the approved WOGLA shall require the approval of an amended WOGLA by the Weld Counry Planning , Director. The Department of Planning Services is responsible for determining whether a major change exisis, in which case a new WOGLA application and processing shall be required.. Any other changes shall be filed in the Department of Planning Services in the approved WOGLA file. B. Construction pursuant to approval of a WOGLA shall be commenced, and continual progress made within three (3) years from the date of approval, or the approval shall terminate. The Planning Director may grant an extension of time, for good cause shown, upon a written request. Amend Sec. 23-2-1070. Rescission procedures. � A. If at any time following the approval of a WOGLA the Department of Planning Services determines that one (1 ) or more of the WOGLA standards set forth in Sections 23-2�-1010 and 23-2-1020, above, has not been met, the Planning Director shall notiiy the Operetor of the OIL AND GAS FACiLITY of the failure to meet the standerd(s). The Operator will be given ihirty (30) days in which to cure the failure to comply with the standard(s). If at the end of the thirty (30) days the failure to comply with the standards has not been cured, a hearing shall be scheduled before the Board of County Commissioners. B. The Board of County Commissioners sha�l hold a public hearing to determine if one (1 ) or more of the WOGLA s[andards. set . forth �in Sections 23-2-1010 and 23-2-1020, above, has not been met. Upon such a finding, the Board may rescind the WOGLA and seek any appropriate legal remedies to cease the USE of the OIL AND GAS FACILITY. Amend Sec. 23340. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, entarged or maintained in the A (Agricultural) Zone District except for one (1 ) or more of the following USES. Land in the A �Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A Agncultural) Zone District shall aiso be subject to additional requirements contained in Articles IV and V of this Chapter. A. Mrough H. - No change. I. OIL AND GAS FACILITIES. h 1 . WOGLR Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone Dishict until a WOGLA has been issued by the Department of Planning Services or the Board of Cou�ty Commissioners in accordance with the application procedures set forth in Article II, Divisbn 10, of this Chapter. Amend Sec. 23-3-110. R-7 (Low-Density Residential) Zone Dishict. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-i Zone District except for one (7 ) or more of the follow- ing USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160, below. USES within the R•1 Zone District are subject to the additional requirements contained in Articfes IV and V of this Chapter. 1 . through 8. - No change. s. OIL AND GAS FACILITIES. � e W�GLA as been�rissu d b� the Departm nA of PI nn nagllSery cesloPt e� Boaed of�County Commissionerstinl acco dansce with t�he application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. — No change. 6. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall here- after be erected, structurally altered, enlarged or maintained in the C-1 Zone District except for one (1 ) or more of ihe following USES, which must be conducted in ENCLOSED BUILDINGS and in compliance with the pertormance standards contained in Section 23-3-250, below. No outside storage will be allowed in the C-1 Zone District. USES within the C-1 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1 . through 14. — No change. 15. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-7 (Neighborhood Commercial) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter.Remainder of Section - No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A• — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall here- after be erected, structuraNy altered, enlarged or maintained in the C-2 Zone District except for one (1 ) or more of the following below.� No �out idetstorageCwil�l be allowed n�the C-2 ZonePD strict WUSES within the C-2 ZoneaDist ict shallalso becsubje t t addi- tional requirements contained in Articles IV and V of this Chapter. 1 . through 17. — No change. . 16. OIL AND GAS FACILITIES. WOGLA has been�ise d by�ihe Dep rtme t of PI nn g Serv�s ol�Phe �Board of County Commis onrerslin ac o d�ance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section - No chan�e. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. • A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1 ) or more of the tollowing USES which must be conducted in compliance with performance standards contained in Section 23-3-250, below. USES within the C-3 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1 . through 17. — No change. 18. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-3 (Business Commercial) Zone DisVict u�til a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section - No change. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-4 Zone District except for one (1 ) or more of the following USES which must be conducted in conformance with performance standards contained in Subsection F below. USES within the C-4 Zone District shall also be subject to additional requiremen[s contained in Articles IV and V of this Chapter. 1 . through 10. - No change. 11 . OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-4 (Highway Commercial) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of Counry Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-370. I•1 (Industrial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-1 Zone DisVict, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1 ) or more of the following USES. The USES must be conducted in compliance with the performance standards contained in Sec[ions 23-3-340, 233-350 and 23-3•360 of this Division. 1 . through 7 7 . - No change. 12. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be develop�d in the I-7 (Industrial) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 70, of this Chapter. Remainder of Section - No change. Amend Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erec[ed, structurally attered, enlarged or maintained in the E (Estate) Zone District except for one (1 ) or more of the following USES. Land in the E Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-440, below. Uses within the E Zone Disirict are subject to the additional requirements contained in Articles IV and V of this Chapter. A. through I. — No change. J. OIL AND GAS FACILITIES. 1 . WOGLA Required. No OIL AND GAS FACILITY shall be developed in the E (Estate) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of Counry Commissioners in accordance with the application proce- dures set forth in Article II, Division 10, of this Chapter. Add Sec. 23-3-550. Uses allowed by right. A. OIL AND GAS FACILITIES. . � 1 . WOGLA Required. No OIL AND GAS FACILITY shall be deve�oped in the A (Agricultural) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 70, of this Chapter. The Tnbune December 7, 2016 _ _ �- — —. _ .� . , . _.,.—,_ , - .. .._ : -+ry,— ;i>s=��2�? �k.?,�yy„ ., NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-26 was introduced on first reading on December 14, 2015, and a public hearing and second reading was held on October 31, 2016, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on November 28, 2016. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2015-26 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: November 28, 2016, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 4, 2016 PUBLISHED: November 9, 2016, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE #2015-26 ON SECOND READING CHAPTER 23 ZONING Amend Sec. 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: DEVELOPMENT: The placement, construction, erection, reconstruction, movement and/or alteration of BUILDINGS and/or other STRUCTURES, the placement of paved areas, drainage improvements or alterations on the historic flow of drainage patterns or amounts, and the 020 /(o - ©DL 1 placement of lighting and/or other appurtenances related to any and all USES, excluding OIL AND GAS FACILITIES. OIL AND GAS FACILITY: Equipment or improvements used or installed for the exploration, production, withdrawal, gathering, treatment, or processing of oil or natural gas; excluding PIPELINE — NATURAL GAS and PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, and all other pipelines and flowlines used or installed at the OIL AND GAS FACILITY. The footprint of the OIL AND GAS FACILITY shall match the final location on the interim reclamation area as shown on the State of Colorado Oil and Gas Commission Form 2A. OIL AND GAS LOCATION: Shall mean the definable area(s) where an operator has disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA) Permit pursuant to Division 10 of the Code. Table 23-1E Zone R-1 Application F UBR* Land Use Process for Siting Oil and Gas Production Facilities R-2 R-3 UBR* E UBR* R-4 R-5 C-1 UBR* UBR* UBR* * UBR - Use by Right with a Weld Oil and Gas Location Assessment (WOGLA) Permit OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES: a. through g. — No changes. h. Midstream activities including the processing, storing, transporting and marketing of oil, natural gas and natural gas liquids. PETROLEUM REFINERY: An industrial process plant where crude oil is processed and refined into more useful products; such as, petroleum naphtha, gasoline, diesel fuel, asphalt base, heating oil, kerosene and liquefied petroleum gas. Add Division 10 - Weld Oil and Gas Location Assessment (WOGLA) Permit. Sec. 23-2-1010. Intent and applicability. A. A Weld Oil and Gas Location Assessment (WOGLA) Permit requires additional consideration to ensure the OIL AND GAS FACILITY is developed in a manner that complies with various standards set forth in Section 23-2-1020 of this Chapter that provide compatibility with USES located within 1,000 feet of the OIL AND GAS LOCATION. The WOGLA Permit is designed to protect and promote the health, safety, and welfare of the present and future residents of the COUNTY. B. A WOGLA Permit is required after January 1, 2017, for the construction of OIL AND GAS LOCATIONS in all zone districts. A WOGLA Permit may include multiple OIL AND GAS LOCATIONS on an individual permit, if it is located on a single surface owner's property. C. No OIL AND GAS FACILITY shall be constructed in any zone district until a WOGLA Permit has been granted by the Department of Planning Services or the Board of County Commissioners. D. The Department of Planning Services shall not issue a building permit for any OIL AND GAS FACILITY in any zone district until a WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners. E. No WOGLA Permit shall be required for: 1. Normal repairs and maintenance of an existing OIL AND GAS FACILITY, so long as such repairs and maintenance do not have the effect of expanding or enlarging the original OIL AND GAS FACILITY by more than fifty percent (50%). 2. One time expansion or enlargement of an OIL AND GAS FACILITY after January 1, 2017, that increases the OIL AND GAS FACILITY by less than fifty percent (50%). 3. Any workovers or recompletes on any OIL AND GAS LOCATIONS existing on or before January 1, 2017. F. Any person filing an application for a WOGLA Permit shall comply with the County procedures and regulations as set forth herein. G. Any person filing an application for a WOGLA Permit shall comply with Article V and Article XI of this Chapter if the proposal is located within any Overlay District Area or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. H. Applications for a WOGLA Permit shall be completed as set forth in Section 23-2-1020, below. The completed application and application fees shall be submitted to the Department of Planning Services. No WOGLA Permit is required for an OIL AND GAS FACILITY for which an application on a Form 2A has been filed and deemed complete by the State of Colorado Oil and Gas Conservation Commission on or before January 1, 2017. I. The Department of Planning Services may require an applicant to submit an Improvements Agreement for the construction of required improvements to mitigate impacts caused by the OIL AND GAS FACILITY. The Improvements Agreement shall be made in conformance with the County policy for improvements and agreements and must be approved by the Board of County Commissioners prior to operation. J. The review, consideration and issuance of a WOGLA Permit is an administrative process and is exempt from the definition of DEVELOPMENT set forth in the agreements contained in Chapter 19 of the Weld County Code. Sec. 23-2-1020. Application requirements for WOG LA permit. Any person who intends to apply for a WOGLA Permit shall arrange for a pre -application conference with the Department of Planning Services, which may be accomplished through a face-to-face meeting, electronic mail exchange, or conference call, as determined by the Department of Planning Services. The purpose of the conference is to give the applicant an opportunity to demonstrate, through written and graphic information, how the OIL AND GAS FACILITY complies with the standards set forth in this Section. The following supporting documents shall be submitted as a part of the application: A. An application for a WOGLA Permit on a form supplied by the Department of Planning Services. The application shall include the following: 1. The name, address, and telephone number of the applicant. 2. Legal description of the OIL AND GAS FACILITY under consideration. 3. Total acreage of the OIL AND GAS LOCATION. 4. Existing land USE of the property where the OIL AND GAS FACILITY will be located. 5. Present zone and overlay zones, if appropriate. 6. Signature of the applicant. B. Certification that notice of the application for the WOGLA Permit has been delivered to owner(s) of properties located within 1,000 feet of the OIL AND GAS LOCATION, and to the Planning Commission or governing body of any town, city, county and/or town, city and county whose boundaries are within 1,000 feet of the OIL AND GAS LOCATION. Such notice shall comply with the following: The applicant shall deliver a WOGLA notice to the following parties: owners of properties located within 1,000 feet of the OIL AND GAS LOCATION (as determined by Weld County Assessors record at the time of notice), the Weld County Local Government Designee (LGD), and LGD's for municipalities located within 1,000 feet of the OIL AND GAS FACILITY. The WOGLA notice shall inform the recipients they must respond to either the operator or the County within 28 days of receiving the notice. Delivery of the WOGLA notice shall occur not more than six (6) months prior to submitting an Oil and Gas Location Assessment or Form 2A to the Colorado Oil & Gas Conservation Commission. The WOGLA notice shall include the following information: 1. The location and a general description of the proposed Well or Oil and Gas Facilities. 2. The anticipated date operations will commence (by calendar quarter and year). 3. A "notification zone" drawing showing the names and addresses of the property owners and municipalities located within 1,000 feet of the OIL AND GAS FACILITY'S components. 4. A proposed access map, including off -site haul route(s). 5. A drawing showing the OIL AND GAS FACILITY and disturbed areas. The drawing shall be a scaled drawing, or scaled aerial photograph showing the approximate outline of the OIL AND GAS FACILITY and all wells and/or production facilities used for measuring distances shall be attached. The drawing shall include all visible improvements within 1,000 feet of the proposed OIL AND GAS LOCATION, with a horizontal distance and approximate bearing from the OIL AND GAS FACILITIES. Visible improvements shall include, but not be limited to, all buildings and properties, publicly maintained roads and trails, fences, above -ground utility lines, railroads, pipelines or pipeline markers, mines, oil wells, gas wells, injection wells, water wells known to the operator and those registered with the Colorado State Engineer, known springs, plugged wells, known sewers with manholes, standing bodies of water, and natural channels, including permanent canals and ditches through which water may flow. If there are no visible improvements within 1,000 feet of a proposed OIL AND GAS LOCATION, it shall be so noted on the map. The Location Drawing shall also include the approved access(es) and the location, amount, size and type of any proposed LANDSCAPE material, including fencing, walls, berms or other SCREENING. 6. A list of facility components. 7. Notice that the property owner and/or municipality may request a meeting to discuss the proposed OIL AND GAS FACILITY by contacting the County or the Operator. 8. Operator and COUNTY contact information. After notice is received, additional information or proof of notice may be requested by the County. Based on site specific considerations, the COUNTY may request that additional parties be included in the notification. An owner of property within 1,000 feet of a proposed OIL AND GAS LOCATION who would be eligible to receive a WOGLA notice may, through letter delivered to the Planning Director, waive future receipt of such notice(s). C. If available at the time of noticing the WOGLA, evidence of a Surface Use Agreement (SUA) or other document, including, but not limited to, a Memorandum of SUA or an affidavit by the applicant, executed by the operator and the surface owner(s) of the property where the OIL AND GAS LOCATION will be located, demonstrating that the operator and surface owner have agreed to an OIL AND GAS LOCATION. If no SUA or other document is available at the time of noticing the WOGLA, the applicant shall proceed with the WOGLA process and shall provide a statement in the WOGLA notice that it is currently in SUA, or other agreement negotiations, and that it will bond onto the OIL AND GAS LOCATION through the Colorado Oil and Gas Conservation Commission, or otherwise utilize its legal right of access. If bonding on, or otherwise utilizing its legal right of access is required, the applicant shall provide a statement to the Planning Director summarizing the applicant's attempts to obtain an SUA from the surface owner(s) of the property where the OIL AND GAS LOCATION will be located. D. Certification that the applicant has contacted and/or met with the owner(s) of properties located within 1,000 feet of the OIL AND GAS LOCATION (as determined by Weld County Assessor's record at the time of notice), the Weld County Local Government Designee (LGD), and LGD's for municipalities located within 1,000 feet of the OIL AND GAS LOCATION. E. A statement which explains that the application complies with Article V and Article XI of this Chapter, if the proposal is located within any Overlay District Area or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. F. A statement which provides evidence of compliance with the following standards: 1. OIL AND GAS FACILITIES shall be located to minimize impact on agricultural operations. 2. Dust control measures shall be employed as necessary during high traffic periods for both on -site and off -site haul roads, including unpaved COUNTY roads when necessary and in consultation with the COUNTY's Department of Public Works. 3. Traffic reduction measures shall be employed by operators when feasible: such as, utilizing fresh water supply pipelines for completions and the use of centralized storage facilities and/or transmission of crude oil via pipeline. 4. Haul routes shall be designated and developed in consultation with the COUNTY. 5. Liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. The OIL AND GAS FACILITY shall comply with the Colorado Water Quality Control Commission regulations. 7. Noise from drilling, completion activities, and production shall comply with the Colorado Oil and Gas Conservation Commission Noise Control Regulation A -Scale Limits. 8. Light sources shall be shielded or directed downward, and in a manner to reduce impacts onto adjacent properties and dwellings. 9. Visual mitigation measures shall be considered and employed when feasible. 10. Site security measures shall be employed as necessary. 11. The OIL AND GAS FACILITY shall be maintained in such a manner to prevent noxious weeds. G. An access permit issued by the COUNTY's Department of Public Works. H. If applicable, a statement describing the size and approximate location of all oil and gas, and/or water pipelines, connecting to the OIL AND GAS FACILITY. I. A statement describing the kind of vehicles (type, size, weight) that will access the OIL AND GAS FACILITY during drilling and completion operations, and a defined access route. This shall include a traffic narrative with the following information: 1. The number of roundtrips/day expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip=1 trip in and 1 trip out of site). 2. The expected travel routes or haul routes for the site traffic. 3. The travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.). 4. The time of day when the highest traffic volumes are expected. A statement describing who will provide fire protection to the site. If the drilling waste (cuttings and fluids) will be disposed of on the OIL AND GAS FACILITY, including a statement describing the location and disposal method. J. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surface estate) within 1,000 feet of the OIL AND GAS LOCATION. The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. K. Where an authorized legal agent signs the application for the fee owners of the OIL AND GAS FACILITY, a signed Surface Use Agreement, or a letter granting power of attorney to the agent from such owners must be provided. L. If applicable, an Improvements Agreement executed by the applicant. This Improvements Agreement shall be in accordance with the County policy and documents for collateral for improvements. M. The applicant may need to work with the Weld County Office of Emergency Management to put together an Emergency Action Plan if the quantity of the oil stored at an OIL AND GAS FACILITY is over 2,000 bbl. N. Such additional information as may be required by the Department of Planning Services. Sec. 23-2-1030. Review of application and issuance of Weld Oil and Gas Location Assessment (WOGLA) Permit. The Department of Planning Services will review the WOGLA Permit application to determine if it is complete, which shall occur within seven (7) business days of the filing of the application. At the discretion of the Director of Planning Services, an application meeting may be required. If so, the applicant shall arrange for an application meeting with the Department of Planning Services. The Planning Director may approve the WOGLA Permit, if he or she determines that the application provides sufficient evidence showing that the standards set forth in Sections 23-2-1010 and 23-2-1020, above, will be met. If the Planning Director determines that the application does not provide sufficient evidence showing that the standards set forth in Sections 23-2-1010 and 23-2-1020, above, will be met, he or she will forward the application to the Board of County Commissioners for its review and consideration in a formal hearing before the Board. The Department of Planning Services shall be responsible for the following: A. Refer the application to the following agencies, when applicable, for review and comment. The agencies named shall respond within twenty-eight (28) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-eight (28) days shall be deemed to be a favorable response to the Planning Department. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed WOGLA Permit. The reviews and comments submitted by a referral agency are recommendations to the Board of County Commissioners: 1. The Planning Commission or governing body of any town and county whose boundaries are within 1,000 feet of the OIL AND GAS LOCATION. 2. The Weld County Department of Public Health and Environment. 3. The Weld County Department of Public Works. 4. The Colorado Division of Wildlife. 5. The Colorado Oil and Gas Conservation Commission. 6. The appropriate fire district. 7. Any irrigation ditch company with facilities on, or adjacent to, the OIL AND GAS FACILITY. 8. To any other agencies or individuals to whom the Department of Planning Services deems a referral necessary. B. Provide the applicant with a sign notifying the public of the Board of County Commissioners' hearing, which shall be posted by the applicant, adjacent to and visible from, a publicly maintained road right-of-way. In the event the OIL AND GAS FACILITY is not adjacent to a publicly maintained road right-of-way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing by the Board of County Commissioners. Evidence that the applicant posted the sign shall be provided to the Department of Planning Services. C. Give notice of the hearing to those persons listed in the application as surface owners of property located within 1,000 feet of the OIL AND GAS LOCATION. Such notification shall be mailed first-class by the Department. D. Prepare staff comments addressing all aspects of the application, its conformance with the Weld County Code in effect at the time of filing of the application, sound land use planning practices, comments received from agencies to which the proposal was referred, and standards contained in Sections 23-2-1010 and 23-2-1020, above. E. Prepare legal notice for the Board of County Commissioners' hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the hearing. Notice of the hearings shall be sent to persons listed in the application as surface property owners whose properties are located within 1,000 feet of the OIL AND GAS LOCATION. Such notification shall be mailed first-class. Sec. 23-2-1040. Compliance with WOGLA Permit standards. An applicant for a WOGLA Permit shall demonstrate conformance with, and shall continue to meet, the WOGLA Permit standards approved and adopted by the County. Noncompliance with the approved WOGLA Permit standards may be reason for rescission of the WOGLA Permit by the Board of County Commissioners. Sec. 23-2-1050. Changes and termination of use. A. Major changes from the approved WOGLA Permit shall require the approval of an amended WOGLA Permit by the Weld County Planning Director. The Department of Planning Services is responsible for determining whether a major change exists, in which case a new WOGLA Permit application and processing shall be required. Any other changes shall be filed in the Department of Planning Services in the approved WOGLA Permit file. B. Construction pursuant to approval of a WOGLA Permit shall be commenced, and continual progress made within three (3) years from the date of approval, or the approval shall terminate. The Planning Director may grant an extension of time, for good cause shown, upon a written request. Sec. 23-2-1070. Rescission procedures. A. If at any time following the approval of a WOGLA Permit the Department of Planning Services determines that one (1) or more of the WOGLA Permit standards set forth in Sections 23- 2-1010 and 23-2-1020, above, has not been met, the Planning Director shall notify the Operator of the OIL AND GAS FACILITY of the failure to meet the standard(s). The Operator will be given thirty (30) days in which to cure the failure to comply with the standard(s). If at the end of the thirty (30) days the failure to comply with the standards has not been cured, a hearing shall be scheduled before the Board of County Commissioners. B. The Board of County Commissioners shall hold a public hearing to determine if one (1) or more of the WOGLA Permit standards set forth in Sections 23-2-1010 and 23-2-1020, above, has not been met. Upon such a finding, the Board may rescind the WOGLA Permit and seek any appropriate legal remedies to cease the USE of the OIL AND GAS FACILITY. Amend Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. through H. — No change. I. OIL AND GAS FACILITIES. 1. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1) or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160 below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 1. through 8. — No change. 9. OIL AND GAS FACILITIES. a. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the R- 1 (Low -Density Residential) Zone District until a WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-1 Zone District except for one (1) or more of the following USES, which must be conducted in ENCLOSED BUILDINGS and in compliance with the performance standards contained in Section 23-3-250 below. No outside storage will be allowed in the C- 1 Zone District. USES within the C-1 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. through 14. — No change. 15. OIL AND GAS FACILITIES. a. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-1 (Neighborhood Commercial) Zone District until a WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter.Remainder of Section — No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-2 Zone District except for one (1) or more of the following USES, which must be ENCLOSED and conducted in compliance with the performance standards contained in Section 23-3-250 below. No outside storage will be allowed in the C-2 Zone District. USES within the C-2 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. through 17. — No change. 18. OIL AND GAS FACILITIES. a. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C- 2 (General Commercial) Zone District until a WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the following USES which must be conducted in compliance with performance standards contained in Section 23-3-250 below. USES within the C-3 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. through 17. — No change. 18. OIL AND GAS FACILITIES. a. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-3 (Business Commercial) Zone District until a WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-4 Zone District except for one (1) or more of the following USES which must be conducted in conformance with performance standards contained in Subsection F below. USES within the C-4 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. through 10. — No change. 11. OIL AND GAS FACILITIES. a. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-4 (Highway Commercial) Zone District until a WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-310. I-1 (Industrial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES. The USES must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 of this Division. 1. through 11. — No change.12. OIL AND GAS FACILITIES. a. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the I- 1 (Industrial) Zone District until a WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-320. 1-2 (Industrial) Zone District. A. through C. — No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied or maintained in the 1-2 Zone District upon the approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. through 17. — No change. 18. PETROLEUM REFINERY. Remainder of Section — No change. Amend Sec. 23-3-330. 1-3 (Industrial) Zone District. A. through C. — No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied or maintained in the 1-3 Zone District upon the approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. through 19. No change. 20. PETROLEUM REFINERY. Remainder of Section — No change. Amend Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for one (1) or more of the following USES. Land in the E Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-440 below. Uses within the E Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. A. through I. — No change. J. OIL AND GAS FACILITIES. 1. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the E (Estate) Zone District until a WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Add Sec. 23-3-550. Uses allowed by right. A. OIL AND GAS FACILITIES. 1. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. I NOTICE OF SECOND READING OF ORDINANCE � Pursuent to the Weltl Counry Home Rule Charter, Ordinance Num�er 2015-26 was introaucetl on first readlng on Oecember 14, 20i 5, antl a Dublic hearinq antl second reatling was heid on Ocrober 3�, 2016, with changes being ma0e as �Isred �elow. A public �earing end Nirtl reaaing is schetlule0 lo be heltl in the Chambers of Ihe Board, locatetl within Me Weltl Counry Administratlon Builtling, 1 f 50 O Sheet, G�eeleY. CobreGo 80631, on NovemEer 28, 2018. All persons in eny manner intereste0 in the nezt reatling of said Ordinance are requeste0 ro attentl antl may be heartl. Please cnntact the Clerk b the Boartl's Office at phane (9�0) <00-4225, or lax (9]0) 336-�233, prior w Ne tlay of Ne hea�Ng it, as a resull of e disabiliry, you require reasonable accom- motlations in ortler to participate �n this heatlng. My beckup materlal, exhibtls or inrormefion previously submitletl ro Ne Boa�tl of Counry Commissioners concerning this matter may be exeminetl in ihe oHlce ot the Ciark to the Boartl ot Courny Commissioners, lacated wiihin Me Weltl County Administra[ion Builtling, 1150 O Siree( Greeley, Coloratlo, belween 1�e hours M 8:00 a.m. and 5'.00 p.m.. Montlay �hru Fritley, or may be accessetl 1M1mugh �he Weltl Caunry Web Page (www.w.wettl.co.us). E-Meil messages seM ro an intlivitlusl Commissioner may not be incluaeG in the case file. To ensure inclusion oi your E-MaJ correspontlence into the case flle, please sentl a copy ro egesick@co weltl.co.us. ORDINANCE N0. 2015-26 OR�INANCE TRLE: IN THE MATTER OF qEPEqLING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF 7HE WELD COUNTY CODE DATE OF NEXT READING: November 28. 2016, at 9:00 a.m. BOARD OF COUNTY COMMISSIONEf1S WELD WUNTV, COLOPA00 DATED: Nov¢mber 4, 2016 PUBIJSHEO: November 9, 2018, in ihe Greeley Ttlbune CHANGES MADE TO CODE ORDINANCE R2015-280N $ECONO READING • CHAPTEF 23 ZONMG A�nentl Sec 23-1-90. Deflni0ons. For �he purposes of ihls C�apter, wrtain terms or woMs usetl �arein shall be interprete0 as aefinetl in ihis Section. The iollowing specrfic wortls and p�rases, when appeariny In t�ls Chapcer in uppercase lette�s, shall M1eve ihe meanings stated In this Sectlon: DEVELOPMENT: T�e placement, cons�mvTon, erecHoq reconsimcflon, movement antllor alferatlon oi BUILOINGS and/or othe, STRUCTURES, me placement of pavetl arees, tlrainqqe improvemems or atlerotions on tha �isbric ilaw of Ereinage patlerns or amounis. and Ihe placement oh lighting and/or other apPurtenences relatetl ro any antl all USE5, ezclutling OIL AN� GAS FACILIiIES. OIL AND GHS FACILITY: Epuipment or improvemen5 useG or Installea for the exploration, protluctlon, wit�Gawel, gathering Veabnenp or processing of oA or naWrel gas; excludiig PIPELME - NATUPAL GAS antl PIPELINE - PETpOLEUM PRODUCTS OIHER THAN NATURAL GAS, antl all oNer pipellnes antl flowlines usetl or installetl at ihe OIL AND GAS FACILRY. The fooryvint ol ihe OIL AND GAS FqQLITY s�all match Ne tlnal locetlon on iha intetlm reclamatlon araa as Mown on t�e Slate ot Colorado Oil antl Gas Cammission Form 2A. O!L AND GAS LOCATION: Shall meen t�e tlefinable area�s) w�ere an oparator �as dis�wbetl or Intentls ro tlismrb Na IenU suri�e In orcler to iocate an OIL AN� GAS PACILITV for Ne purposes af obWining a Weltl Oil and Gas LocaHon Hssexwnent �WOGLA) Permit pursuant to �ivision 10 of Ihe Code. iable23-0E � Lend Use Process br Si�rg OII and Gas Protluation Fecililies ne R-1 R-2 R3 R-4 R-5 C4 P2 C-3 C-4 14 1-2 13 E PUO A pplicafion UBR' UBR' U6R' UBR" UBR' UBq' UBR' UBP' UBR' UBR' UBR' UBR' UBR' UBR' UBR' ` UBH - Use by Pight wlih a Weltl Oil antl Gas Location Hssessment (WOGLA) Permtt OIL AND CaA5 SUPGOFT AND SERVICE: Location antl aperatian bases for businesses w�ose p�imery aGtivity IricluCes Na follow� Ing klntls of USES: a. thmvgh g. - No c�anges. h. MitlsVeam activllies Inclutlin9 the pmcessinq, smring, hansporting antl markefing M oil, naWral gas antl neNral gas Ilqultls. PETROLEUM REFINERY: An indusiriel pmcess planf where cvde oA is p�ocassed sntl refined into more usetN praducls; surl� as, peValeum naphtha, gasoline, tllesel fuel, asphalt base, heeting oil, kemsene antl IlquMled peholeum gas. Atltl Dldsion 10 - WeIG Oil and Gas Loca�lon Assessmenl (WOGLA) Permlt. Sec. 23-2-1010. In�ent an0 applleabiliry. A. A Weltl Oil antl Gas Location Assessment �WOGLA) Permif requlres addNional cowltleretion to ensure ihe OIL AND GAS FNCILITV is tleveloPetl in a menner IM1aI comp ies wlth various s[andards sat foNh in SecHon 23-24020 of Ihk CM1ep[er iM1at proMtle compatibiltty wll� USES loca[etl wllhln �,000 feet of ihe OIL AND GFS LOCATION. The WOOLA Permit is tlesignetl lo protect an0 promote Ihe healtti, safety. and weMare o� the present and fuNre resitlenh of Ne COUNTY. B. A WOGLA PerMt is requlred atter Januery 1, 201I lor Ihe consVuctlon oi Oll PND GAS LOCATIONS in all mne disulcU. A WOGLA Petmi[ may incluae multiple OIL AND GAS LbCATIONS on an Intlivltlual pennit, tl It is Iocete0 on e single sWece ownMs property. C. No OIL �ND GAS FAqLITY shall be consimcbd in any zone tlisirict unHl a WOGIA Permit has been grantetl by Na Department ot Plannin9 Services ar Ihe Boartl oi Counry Commissioners. D. The Departmant of Planninq Services shall not issue a bui�tling permit fot any OIL AN� GAS FACILITV in any zana dislnct unfll a WOGLA Permn has been issuetl by Ne Deparlment ot Plennin9 Services or I�e Board of Counry Commissfoners. E. No WOGLA Permit shall be reqWretl �or: i. Normal �epai�s antl maint¢nance ot an existing OIL AND GAS FACILITY, w long as such �apaVs anG maintenence tlo not �9ve Me eNect af expanding or enlarging the original OIL AN� GAS PACILITY by more than iNry percent (50°h). 2. One time expansion or enlargement of an OIL AN� GAS FAGLITV aker January 1, 201], ihat increases the OIL AND GAS FACILITY by less than iltty percent (50%�. 3. Any workovers m recompleles on any OIL AN� GAS LOCATIONS ezisting on or beiora January 1, 20t]. F. Any person fllin9 an applicatlon lo� a WOGLN Permft shall comply with ihe Courity praetlures and regulatia� as set fotlh heraln. G. Any person tiling an applicallon for a WOGLA Permit shall comply wi�h Article V entl Article XI of Nis Chapter H �ha proposal is locatetl wilhin any Ovetlay �isttlM Area or a Special Pload Hazard Aree iGentifietl by meps oHiclelty adopted by Ihe COUNTV. H. Appiicatloris lor e WOGU Permtt shall �e completed as set I0M In Sectlon 23-F�1020, belar. Tiie rqmpletfd applka�ion antl appllceVon feas shNl be suEmltleO to the Deperlment of Plnnning Services. No WOGLA Permi[ k reQUlreC br en OIL AN� GAS FAQLITY for which an applicenon on a Form 2A has been NeE and deernatl complete by ihe 51me oi Colora0o Oil anG Gas Conservation Commission on or befine January 1, 2017. I. The Depenment of Plennin9 Services mey reqWre an appIIoaM m subrtut an Imp rwementa A9rtement for Ihe constructlon of requiretl Improvements ro mNgate Impects ceusetl by Me OIL AND pAS FAqLfTY. The Impmvertiea�.s Agreement shall be maEe in coMormance wrth ihe County pollCy br improvemerrts antl agrcemeMs BnE musl b¢ epprovetl by tha BoarC of Counry Commissioners prbr to operatlon. J. The reNaw, consitleratlon aM bwanw d a WOGU PerMt is an aCmlNabaCve process anE h exempt Irom Me definition of DEVELOPMEM set bNh in the �greemattls eortlalnad In Gtqpter 19 of kie WeM Counry Code. Sec. 2944020. Applica[ion requiremer�6lor WOGU perrttlf. Any person who intenOs to apply far a WOGU Permit shail artanpe b� o pro-eppNceEon canlerence wiih Ihe DepeMnent oi Planning Servioes, which may Ee accompNsfntl INough a face-pl�ro meepng, elwpoNc mail excharige, or coberence can, as determrned by fie �aparonant of PlanrMg Smicea. Tte puryose of t�e wNuwre H bp� t�e epplkaM an opporNnlry to tlem- onstrate, Rvough wrlllen en0 grephic IMormetlon, �ow the OIL AND (iAS FACILITY complles wim tl�e stenaaras sef brm in Nis Seclion. The �o�lowing wpporting tlocumenes s�ell ba auMMtteE u a pert af ihe appNcsNo¢ A. An aPpOcetlon lor a WOGLA Permfl on a torm supplietl by iM1e OepeNnent oi Planning Servicas. The appllcafion shell inclutle Ma bllowmg: t The name, edGress, entl telephane num�e� of Ne appllcan[ 2. Legel tlesalptlon ol Ihe OIL AND GAS PApL1TY un0er cpnsltleretlon. 3. To1a1 acreage oi the OIL AND GFS LOCATION. 4. Fxlsting lana USE ol the propertq w�ere ttie OIL AND GAS FACILITV will be localetl. 5. Presern zone anE ovetlay :ones, If appmpria[e. e. SlgneWre of t�e applicant. e. cercmcanon ma� nonce m ma eppncabon tor ihe WOGIA Pelmi� nas baen tlalNereG ro owneqs) M p�openles Ixeted wilnln 1,000 /eet oi Ne OIL AN� GAS LOCATION, entl ro Me Planning Commisslon or goveming body of any rown, ciry, crounry antl/or town, city and counry whose bountlarles are within t ,000 feet of the OIL AND GAS LOCATION. Suc� nonce s0e11 cnmply wM the toilowing: The applicant s�all delivei a WOGLA notice to fie lollowing parties owners of pmpefies locatetl within 1 000 teet ol Poe OIL AND GAS LOCATION (as Ce�e�mined by Weltl County Assessors reco�G al ihe tlme of notice), ttie Weltl County Local Govemment Designee (LGDj, antl LGD's for municipalitles located withln 1 ,000 feet of t�e OIL AND GAS FACILITV The WOGLA notice shell inform �he recipienis they must respontl to eliher the operaror or the Counry within 28 aays of recehing the noHce. Delivery o(tlie WOGLA notice shall occur not more than six (6) monNs prior ro submitliny an Oil end Gas Locetion Assessment or Form 2A to Ne Coloratlo Oil & Gas Conservation Commission. The WOGLA notice shall inGude Ihe following informatlon: t. The location antl a general tlesctlption of ihe proposetl Well or OII antl Gas FecilMes. 2. The anticlpate� tlah operalions will commenca (Oy calender quatler ark year). 3. A "noltlica�an zone" tlrawing showing the namas antl atltl�esses ot Me property owners antl municipelitles locatetl within 1,000 ieet o� Ne OIL AND GAS FACILITY'5 companenL5. 4� A WoPosetl access map, inclutlin9 oX-site �aN route�s). 5. A arawing showinq Ihe OIL AND GAS PACILITV an0 tlisturbetl areas. The tlrawing shall be e sceletl tlrawing, or scaleG aerlel photograph showing Na approxlmate outllne ot iha OIL AND GAS FACILITY anE all wells and/or pmductlon faciG6es used tor mea- suri�g distances shall be anachetl. 7he tlrawing shall include all vlsi0le improvements wlNin 1,000 faet of Ne proposetl OIL AND GAS LOCATION, wlih a horizontal tllstance and approtlmate baarinq fmm the OIL AND GAS FAQLITIES. Nsible Impmvemenfs s�all )ndutle, but not �e Ilmitetl ro, all builtlNgs ana pmpertles, publicq maintainetl roetls antl tra11s, tences, above9roun4 utiliry Ilnes, raiUoaEs, pipalines o� pipeline merkers, mines, oll wells, gas wells, inlectlon welis, water wells known to the opa�ator antl U�ose registered willi the Coloratlo State En9lneer, known spnngs, pluggetl wells, known sewers with manholes, stantling botlies of water, antl naWrel channels, including pe�manent canels and tlitches t�rouqh which water may Ilow. If tliere are no vislEle imprwo- menYs within 1,000 teet of a proposeC OIL ANO GAS LOCFTON, i[ shall Oa so note0 on tl�e map. The Lacatbn D�Bwlng s�all aho incluae me approvetl access(es) entl me locatlun, amuunt, size antl rype of any proposetl LANDSChPE material, inclutlin9 iancin9, walls, berms or otner SCREENING. 6. q list a� tacility companenis. Z Notice that Me property owner antl/or municipaltty may requas� a mce0ng to tliscuss t�e proposetl OIL AND GAS FACNTV by contading Ihe Counry or Ne Operator. B. Operator antl COUNTV contaa iMormafion � AXer notice is received, atlditionel intormation o� pmof M irotice may be requestetl by the Counry. Basetl on s0e specrllc co�sl0er- a�fons, tha COUNTV may request t�at adtlitlonal perties be inclutletl in ihe notlBcatlon. - An owne� of property withln 1,000 feat ol a proposetl OIL AND GAS LOCATION who woultl be eliglble ro receive a WOGLA notice may, Nmugh letter tlelivered to tlie Planning Diracror, walve future receipt of such notice(s). G If available at t0e time of noiiclng ihe WOGLA, evltlence oi a Surtace Usa Agreement (SUA) or other tlocumen4 inclWing, but not llmnetl to, a Memoran0um of SUA or an e/fiCevlt by t�e applicant, execmetl by �he aperafor antl Ne sutlace owner(s) of flro properry where the OIL AN� GAS LOCATION wilt be locatetl, tlemonstrating ihat t�e aperator antl surtaca owner �ave agrae0 ro an OIL FND GAS LOCA710N. If no SUA or oMer tlowment is availa�le at Ne time of no�icing Ihe WOGLA, the epplicant s�a8 p�o- ceetl witlM �he WOGLA pmcess and shall provitle a stetemem In the WOGLA notice �hat it Is cvrrently In SUA, or oMer agreement nego�la�ions, antl R�at it wili bontl onto Rie OIL ANO GAS LOCAiION ih�oug� I�e Cabratlo OII and Gas Conservatlon Commiselon, or otheiwlse utilize 151egal tlght of accass. If bontling on, or otherwise ufilizing its legal right ot accass Is required, the appllceM shall prwitle a stetemenf ro ihe Planning Djrector summarizing Ne appllcanPs attxmpis to obtain en SW frwn ihe su6ece ownoqe) of IDe prope�ty vfiere the OIL AND GFS LOCATION wtll be locatatl. D CeNflcation Met I�e applicant has wntecle0 antl/or met w0� Ne owneqs) M pmperlie5locate0 witbin t,000 feet of the Ott qND GAS LOCATON �as dererminetl by Weltl County Assessor's record at t�e time o� notice), Na We10 Counry Locel Go�eimment �eslgnee �lG�), entl L�D's tor munlcipelitles locatetl wiMln 1,000 feet W tlie OIL AND GA3 LOCATION. withln any Overlay 0 strlcl A�rc Sor�etSpeclePFload HazardlAr el tleMH etl by meps o1Fl Blly e0op�etl by ��B COUNTY.9� �$ �oceleE F. A sta�ement which pmvltles avitlence ot compllance witl� Ne bllowfng sfanparOs: 1. OIL AND GAS FApLiTlES shall be IoceteC ro mNimke Impect an agrlcul[ural operations. 2. Dust control measures she110e employe0 as necessery Dutl�g hlgh vatllc periotls for both om site antl oH-sile �aul roeda. inclutling unpeved COUNTY mads when necassary antl in consutlaGon witA the COUNTY's �eperVnent of Public Wa�ks 3. TrafAc retlucUon measures shall be employetl by operalors when feeslEle: such as, utilizing fresh water suppN P�PeMes lor crompleNona enC Ihe use of centralize0 slorage �aclllllas antl/ar Vansmiasion of rsutla oll via pipehne. 4. HaW �outes shall be tlaslgneted ana tlevelopetl in consultatbn wah the COUNTY. 5. Llquld antl mlid wastes shall be smretl antl removed lor final Eisposel in a menner Uiat pmlects agalnst su6aca an� grountl� water carnemNatlon. 6. The OIL ANO GAS FACILIiY shall comply with Me Colo�atlo Waie� Ouellly Con�ml Commiasion regula�ions. �. Noise hwn tlnlllny, complation acMitles, entl protluctlon s�all comply wNh ihe Cobratlo Oil antl Gas Conservelbn Commlasion Noiae ConVol qegula�on A-Scale Limits. 8. Lighl sources sha0 be sM1leltleC or Elrectetl tlownwarQ and in a manner to retluce impacls onto atljacent properltes antl tlwell- ings. 9. Visual mlUgation meesuras shall be consitlered aM employetl whan feasible. 10. Site secur'rty measuras shall be employetl es necessary. � 11. The OIL AN� GAS FACILITY s�all be malMelnetl In suc0 a manner ro prevant noxious weetls. G. An eccess permit issued by the COUNTV's Department of Public Warks. H. Ii applicable, a statement dascdbing ihe siee anE epproximate locafion oi all oil entl gas. and/or wacer pipelines, connecOng m Ne OIL ANO GAS FACILITV. L A slatement tlescnbing tl�e kintl of vMiclee (rype, size, welgM) I�et w1A accass the OIL FND 6A5 F�CILfiY tlutlng drllling ana completion operaVora, aM a Eetlned eCoess roule, Thb shall Iwlutle a haMc narraMe wMh Me followkg In�ormelion: 1. The number of rountltrips�tlay expectetl �or each vehicle rype: Passenger Cars/Plokups, TaMem Trucks, Seml-Truck/Trailer/ qV (tiountivip=l tnp in antl 1 Mp out d sNe). . I I 2. The expecletl bevel rouBw or �aui routas br ihe sNe traHic. 3. The travel Gshibufion elorg �he mutes (e.g. 50% oi vafllc wlll come fmm Me noM, 20% 1rom Ne souM, 30% hom R�e ¢est, etc.). 4. The time of tlay when fie Mghesl tra(flc volumes are axpecte0. A sfetement describing who wlll provitle fire pmtection ro IAe spe. tl tlie drilling waste (cuttings antl Flulds) wlll �e tlisposetl ol on ihe OIL AND GAS FACILITY, inclutling a stetemeM tleecdbinq Ne locatlon and disposal methatl. J. A cetlNieU tist of Na names, adtlresses and t�e corresPantling Pamel Identification Numbers essignetl by tha Counry Assessor o� Me owners o� property (ihe sutleca estale) withln 1,000 feei ol ihe OIL ANO GA3 IOCAl10N. The aowca ot suc� list shell be Ue records of the Counry Assessor, or an ownership uptlete hom a tltle, a0svact compeny, or attornsy tletivetl from such recaNs, ar Irom Me recores ol �he Counry Clerk antl Recorder. If �ha Ilst was assembied from ihe records of Ne Counry Assessor, Ma applicant shall cerlNy that svch list was essembletl wphin thiriy (30) Eays ot ihe applicafion submisslon Oate. K. - W�ere an authorizeC legal agent signs tl�a epplication for tlie f0e owners o� the OIL AND GAS FACILITV, a signetl SWece Use Agreement, or a lener grantlng power of attomey to tM1e agent hom such owners must be proviCed. L. If epplicable, an Improvements Fgreement eKEculetl by ihe applicant This ImprovemenLa Agreement she110e in aarordance wdh Ne Counry policy antl tlacumen�s �or collataral br improvemenGs. M. The applicam may neetl ro work w0h tl�e Weld Counry Oftice ot Emergency Management ro put rogether an Emergenq Action Pis� N tpe quantiry of ine oil storetl at an OI� AND GAS FApLITV is over 2,000 bbl. N. 9uch atltlftlonal N(ormetion as may be requiretl by ihe Department of Planni�g Servires. 9ec. ?3�24030: Beview of application antl issuance o� Weltl Oil antl Ges Locatlon AssessmeN (WOGLA) Permit. The DeperMent ol Pla�ming Services wlll review the WOGLA Permii applicatlon to de�ertnine if it is complete, which shall occu� wlihin sev¢n (]) Ouslness tlays of the filing of Ne appllcafion. At Me discretian of the Director ot Planning Services, an applicaVon meeting mey be required. IF so. the applicant shall arrenge for an application meetin9 with I�e Departrnent oi Planning Services. 'fhe Pianning Director may appmve the WOGIA Pe�mi1 if he or she tlefertnines Na� ihe epplication provides suHlcleN evitlenoe showing ihat ihe sfantlartls set foh� in SecHons 23� 2- 1010 anE 23-24020, above, wlll pe met II Uie Planning Oirector dNerminas Ihat Me e plicatlon tloes Wf provitle suMlclen[ avlEence showing Iha� Itie stantla�ds set forth in Sections 23-24010 an0 234d020, abwe, wIR be mel, �e or she will forward Me application to me BoarO of Counry Commissioners tor i5 revlew eiM cansitleratlon in e Imma' heatlng betore ihe eoard. The Department of Planning Services shall be responsible tor ihe following: A. Reter tlie applicatlon to �he tollowing agencies, when appllcable, Por reviaw enC comment The agencies nametl shsll respon0 wlMln manry-eight (28) tlays atfer t�e mailing ot Ne applicatlon by Ihe COUNTV. The fallute of any agency to respond withln hveny-NgM (28) tlays sliell be tleemetl ro Oe a favoreble reapo�xe ta tha Plenning Depammant The reNews a� commeMs solic IW by ttre COUNTY are inleMeO to provlEe fie COUNTV witti Inlormetion�about the propoutl WOGIA Permit The revlews an0 crommeMe submMed�by a relerral �eiwy are rer.ammendations to Ihe BoaM ot County Commissionen'. 1. The Planning Commission or goveming bady W any town antl counry w�ase boun0ades are wlNln 1,000 het of tl�e OIL AND WS LOCATION. 2. 7M Weltl Caw1y �epartrnent o� Pubtic Heeltli and EnvbonmeM 3. Tre Weld Counry Departmenl W Publlc Works. . 4. 7M CWaratlo O{vislon ot WiMlite. 5. 71ie Co�waao OII antl Oas Conservanon Commisslon. B. T1�e pproprlate ilre disNct Z Ny Irt9gation tlltc� cnmpeny wilh lacilltles on, or atljecent �o, tlie OIL AND GAS FAdLITY. B. 2o en,y ollie� agencles o� IndivlGuels lo whom O�e Depetlman[ of Planning Services tleems a refenal neceasary. B. ProWpr� Ne appllcent wi�h a sign noiifying �he publk of tlie Boe�d oi Counry Commissioners' heaMg whic� ehall beposfed by Me applhyy�q adjacent to ane visible Imm, a publlcty mefrrtalnatl roe0 dgM-of-way. In the avent Ne OIL AND GAS FACILITV Is Irot adjeceNc lo a pub4cly maimeinetl roetl tlghtof-way, one sign shell be postetl in tt�e most prominent place on Oia properry enp e aewn0 si�gn posretl at Ihe point at wMU the Eriveway (accew ArNe) Intersec[s a pu�licty mantainetl roed right-W-way. The slgn ma0 be po�;tetl aHeast ten (10) deys pAor ro Ne haarina �y the Boartl of Counry Commissloners. Evitlence Nat Me applicenl P�a the sign shall be p�oviUetl lo ihe �epeNneni W Plenning Services. �� ✓o.�notice of tlie hearing ro those pe�sons IlsteO in tha appllcaBon as surface ovmers M pmparry tocaled wll�in t,000 �eat of � �L A�AID GAS LOCATION. Such not�lcatlon shell be meiled flrsPclass Oy the Deparhnent �� re sta1F commertls adOres�ng etl aspec�s of ttie epplicaeon, hs cantormence wlth ihe Weld Caunry COCe In eHect ei Uia �^° °"'"-q ct fie app11ca1ion, srourM Ian0 use p1enNng prac�ces, commants recafved hom agencies to wnkti tlia praposel ww relenetl, atl s•tanavtls cweqinetl In Sectlons 23-21010 antl 2&24020, above. E� P'�31ega rrotla ip tli¢ BoarE ol Counry Commissioners' hearing M �e publishetl in me newapapei designe�etl �y ihe n�y �Nmy Comm'ssbnera �or publlcaEon ot noticas. 71�a tlete of publication shall ba at least tan (10) tlays ptlor ro ihe Icetlad w11FN�° of Ifre heartnga ahall be xM topa rsans lis�etl In Me eppIica0an as surface p�oper[y owners whose properlies ara "n 7.000 leat ot I/ie OIL AND GAS LOCATION. Such noffiicalion shall be mailetl firsF cless. Sec zt-2�7pqp Compllance wtth WOGLA Permit stentlaros. M qppfman; �or a WOGLA Parmit s�all demons4ete conlormance wlth, sntl shall conGnue to meet, t�e WOGLA Permit stantlartls �°'�ea e^tl atlop�e0 Oy Ne Coumy. Noncompliance wtlh the approve0 WOGLA Permtt stenAartls may Oe reason Mr rescission of Ilie WOGLA Pe..,�� by ��e BoarO ot CouMy Commfssloners. Sec. 23-24050. Changes antl termination ot use. A. Ma)or changes hom I�e approve0 WOGLA Permit ahall require Iheapp rovel 01 an amentleG WOGLA PermO by tha Weld Counry Planning Direcroc The Oepartment ol Planning Services la maponsible for tletertnining whelher a ma'or charga exisis, in whic� case a new WOGLA Permit applicatian and pmcewing shall be ieQuiratl. Any other chenges shall be �Iletl in ihe Depanmen� ot Planning Services in the approved WOGLA Pe[mit file. B. Conslme[ion pursuant to apP�oval of a WOGLA Permlt shell Ee commenieq aM cronfinual progreu mede within U�ree (3) yeels irwn ihe tlate ot approval, or the approvel shall terminete. The Plannirg Dbecior may g�ent an ezleneion ot tlme, lar gaotl Cause shown, upon a wntten requesL Sec 23-&t0�0. qescission procetlures. A. If at anY �ime following the approval of a WOGL4 Permit Ihe DeparMent of Plenning Servlces tletermines �at one11) or more of the WOGLA Pe�mit stantlartls set fort� in Sedions 23-240i0 and 234-1020, above, has not 6een met, the Plazuil� 0lrectot � shall nolity fhe Operetoi of the OIL AN� GAS FAq4TY of ihe feilwe [o meat tl�e nendartl(s). The Operebr will be glven Wrry (30) Cays in wFich to cure the faliure lo comply with Me slantlartl�s). H at the enC ol eha itiirty (30) Oays the fallWe W comply wNh VIB standartls has not been cureq a hearing stiell be schedWetl beFore It�e BoarC ot Counry Commissloners. B. T�e Boartl o� Couny Commissioners shall holA a public hearing lo tletermi�e N one (/) ar mwe al Ne WOGLA Permll slan- tlartls set fonh in Sactions 23440�0 aiM 23-24020, above, has nW been met. Upon 9Uch a IlnElng, ple BoerE mey �05clnd tlte WOGIA Permit and seek any appropdate legal remedies m cease the USE W the OIL ANO GAS FAqLITY. Amentl Sec. 23-3-20. Uses allowetl by �Ight. No BUILDMG, STRUCTURE or IanC shell be USED antl no BUIL�ING w STfiUCTURE sheU MreNMr M er¢cteO, etrucWrgAy alteretl, enlargetl nr maintainetl In Ne A (Agricultwap 2ona �islricl eecept tor one (1) w more ot tlie pAowing USES. LarM in ttie A (Agriculluraq Zone District Is subjeq ro the schetlule of MYk requiremmtg coMalneC in 3eCtlon 23-8-50 6prnr. USES wXhln Me A (AgriculWrap Zone Dlshld s�eN also be su0jed ro e0tlldonel requiramenb �ntalneE In ArtlGes IV mM Y ot Nb Chapter. A. through H. - No change. I. Oll ANO GAS FAGLITIE$, i. WOGLA Pe�mk Raquiratl. No OIL AND GAS FqCILRY shell pp Oevolp . Pwmit hae Wcn Nauad Dy tl�e OePertnaN N Plamlrg SaMvc or Ne Bo.vC a�Can A J zane ,applicatipn p�ocedures sei MM In AMcle II, DlWslon 1p. p� ry�y C��. (�� a WOCaLq N Canmbelonere h emnr wM� ifre (Amentl Sec. 233-110. q-� (Law-De�uity Rasitlen6al) Tone District. A. — No c�ange. yB. Uses Allowed by q�yht No BUILDWG, STRUO7URE or lantl shell0e USED, an0 no BUILDING or STRUCTURE �aber be erectaQ shuchrally alleretl. enlargetl or melntalnetl in the R.� Zone Disitlp gp ��USE3. Lantl in the Rd Zone DiyytlIX m�st be USED In compliance wiN fha bulk r uirem shall �ere. hrou �h g me R-1 Zone Dismct are subject to the atltlklonal reqNremenfs cornalneE I�n qro les IV(�tl V ofrtliis �ry f�WNg � � C°nb�^� � Sacllon 23-3.180 pg�ow. 'B. � OI LqNO GAS Fqq�lilES. a. WOGLA Pe�mit Requiretl. No OIL AND GAS FACILIiY s�all be tlevelo tl in Ne p� wtll a WOGLA Permif ryys been Issuetl by Ihe Deparrypant of Plannlny SWyjcBs o� yia Bpgry � Oance with ihe applicatlon procetivres set foM In Article II, � � (�ow-DansRy qesltlentlap 7yne �Isn�� Remainder o� Section — No change. Divislon 10, ol ih�g pry �°��d �ommieslonere M acror- � Amentl Sen 233,2f0. Pt (Nelghborhootl Commerciaq 2one olsfricc �� ,A. — No change. ' 8. Uses Allowea by Righf. No BUILDING, STRUCTURE or lantl shall �e USED antl no BUILDING ar STRUCTUHE s�all here- p aher be erected, stmciwalty albretl, anlargetl or maiMeinpp �n me C- USES. which must be contluctetl in ENCLOSED BUILOINGS antl In co plia�� y+jry� �e pe��a�ce �Section 233-250 below. No oulsltle stora e will � a'�P� �or one p) o� mme of ih¢ (p�lowing subject ro atltlitlonal requiremenis containetl in Abe les�V and V ol thie Chapfe�� USES �^tlet� �nfalned in t. ihrough ip. - No change. �n t�a C-1 Zone �istrlct shall also bg 915. OIL AND GAS FACI4TIES. a. WOGLq permit Requiretl. No Oll qN� GAS FACILITY shall be tlevelopetl in ihe 0. <Disniq unlil a WOGLA permit has been issueC by the Department ot Plannin �acrorasnce with Ihe application proce0ures set fort� in � �Ne�9�b°�h°°d Commercial) Zone Amend Sec. 23-3�220. G2 Caener Amele H, Division 10, ofShis+Chepter�.qemal tler o� 8 h Commissioners in JA. — No change. ( el Commerciap Zone oisyYc[ Mion — No c�ange, B. Uses Ailowetl by Right. No BUILDING, SiRUCTURE o� land shall Ce U9ED �d no BUILDING or STq�CTUpE she0 hera. aefter be ereqed, sttucturally alteretl, enlargeC or maintalnea in th¢ p_z Zone District axcept br one 1 USES. which must pe ENCLOSED an0 conducfetl in compliance wlth the belaw. No oulsitle stora9e will be allowea in the G O or mora ol Me following Mional reqoirements containeA in qhlGes IV antl V of hls Cbaptee USES Rhinr�he C 2 Zoneapist�ntelned in Section 23-3�250 1. through t l - No change. shall also ba su6jecl ro ayy. ��8. OIL AND GAS FqCILIiIES e, WOGtA Permit Requlretl. No OIL AN� GAS FAGLITV witl� ry�e OPltrationp�oceqmesu� pYrry nAricle�ll, pesbni0'Q(�ryse�ho g Servlces or� in Ne C 2 (General Cammercial) 2ane Olstrip �� Iiemalntler ot Section - No chanqe. Ne BoarG af Cowry Commisaloners in accordg�� Ame�M Sec 23-3�230. C- apter. A. - No rl�y�ge. 3 (Business Commercial) Zone Dirnict. B. Uses Allowetl by Rlght No BUILDING5, STRUCTURES or IanO shell be USED an0 no BVILDING or STqUCTURE shall , �e�s�fu be ereMeq stmqy�ally altereQ enlargep or maintalnetl In ttie C-9 Zone Dislrict except lor one USES w�ich must be contluctetl In �mpljance wltli p¢nmmanee sWndaras conWinetl in Section � C-�' �e �Istrict shall also be sub�eq ro adtliNonal requirements conte1ne01n Ah�cles N y�tl V of this Chap�more of the rollowing �. Wougl� ��. _ No c0ange. Z33-250 below. USES within I�e . 18. OIL AND GAS FqCILITIES. ' a. N10GLA Permit q¢quiretl. No OIL AND GAS FACILITV s�all be pOeveloped In the C3 (Business Commerclaq Zona OISMq unW e WOG�LA PePri`'��t,oas�ocetlu�es set(rth iDoeqertlolee 1� �Ivisbn ��p Sarvices or the Boartl of Coun � tlar�ce r,:�N R�ainaer of Seclion - No change. ol Mis Chap�¢[ �Y Commisslonars in ac�p�- Am� SeC. 233-240. C-4 (Highway Commarciap Zone Dlstrict. A - No change. B. Uses Albwetl by Righl No BUIIDING5, S7RUCTURES or land shall be USED antl no BUILDING or STRUC7URE shall USB ES v�� musf be �rucNrally aIt¢red, enlargetl or malntainetl in fie C-4 Zone District excapt kr o� 1t �'¢IOI1C D19hIM Spall a150ubB 5pbj2Ct Ip atl0'fionalneqyireomenm��faIned,�q��°etl in Subsection F b 1. t�rough 10 - No change ) or mme of ihe /olbw�pg �1. Oll AND GAS FACII.ITIES. �M1��es IV g�tl V of Mis Chapler, USES wilhin tIK wtll a WpOLA PermiRhee�enN soetl by �e D Partm nl[ of Ple'nnie Gevel Oance with the applicatlon pmcetlures opetl In ihe C-4 (Hlghwey CommarGal� Zun¢ p�gp�p RemainEer ot Sectlon - �� forih in Arrycle II, DNision 10 of Mi�hap e Boara of Caunry Commfssioners In accor� AmantlSec233�t0 Nochange. A. - No diange. ' � ��^tlusttlep Zone Disttict. B. Uaea Allowetl by Riq�i. No 6UILDING, STRUCiURE or lantl shall be us¢tl In !he b STRUC70qE shall hereattw be erectetl, svucNrally altereE, en- IergeG or malnteineq USE5. The USES must be com d�ctetl In � Zone Disirict, ena no BUILDING or y antl 23"3Jfi0 of N� Dirisyior�. �mpliance wit� Ihe per(ormance stendards cnntAN�e� in 9eotione 23J qp�e2��gg50 �Z�OIL AND GAS ACILITIES. % WOGLA Permlt Repulretl. No OIL qN� GAS FqCRITY shm� pe a�� apeQ M I ��^Permtl has Creen issuetl by y�e DePatment W PlennlRq Servlc¢s a tl�e upyd y C � b/ (IndusMel) Zone District unXl a WOGU p��e0ures se( foNi In Artick 11, DW�lon 10, ol Nls Cryspter. m0er of Secllon — No change. °��M' Commissioirers in accobe�y�ry �� A��U9ec. 233320. I$ QntlusVial) Zone Oistriq. D. Usey by SpecialhReview. The bllowing BUILDINGS, , in tA0 42 Zwe Disir'�ct upon the approval of a ermR i� STRUCNRES anU ' DWislon 4 ot Ihis Chapter. 7 accdrdenca witl� tryy � �ES mey be constmc�d �upletl or malntalrop 1. 1NOugh 1l. — No chenge. equbemante and p�oce�ures set torih in AM�Ge II, �8, PETROLEUMREFINEqV. Remain0ei of Seaian — No change. . Amn�o Sh C23-3�t30, 13 (Intlustr�al) Zane OISIrICL ! �7. Uses by Special qyv ew. TTe following BUILOINGS, SiRUCiURE5 anG USES m in Ue 13 Zone Olstricl upon t�e approval of a p¢rmk In accprtlance wdh Ihe r � �ivislon 4 oi this Chapter. aY �e cansVuct¢d, occupletl or mainteinetl �' �h�°�9h 19. No change . equiramen� enE procetlures set �oM In qe�cle II, ?0. PEiROLEUM REFINEqY 4emainder o� Section - No change. �m9ntl Sec. 23J-41p, U%s alloweC by right Jo BUILDING, STpUC7UflE or IanG sheil be USEO, antl no BUILOING or STRUC7URE shall herealler �ltlereq enlargetl or mainlaineC in the E Zone Disvict except br one 1) or �ust be USE� In complianc¢ wit� the bNk reqNremenrs comalneU�in S be e��d' ��Y d�bl�t to ihe atltlifionel requlrements contalnetl In ArOeles IV entl V oi ihis Chap�e�'he fopowi�U3ES. lantl in Ma E Zone Distrid ectlan 235.qq0 Gelaw. ses wNhin �he E Zone OlaMct are W. t�rough I. - No change. � OIL AND (iq9 FACILITIE5. 'ermit bas been is �� R�Wretl. No OIL AND GAS FACILf7Y shall b¢ developee in iM E plication pmcedu es set forthD�qhicle II' D�slon 10 oi Nls C�ap�Boartl of Cou (Es4te ) Zone Dismct untll e Wp��,q �4' Commissionerg in accpbg�� w�� e Gtl Sec. 23-3350. Usas allowetl by �iqh�. �� OIL AND GAS FACILITIES. � WOGLA Permi� qequiretl. No OIL AN� GAS FAGLITY sryall �e tlevelopetl in Me A ermit has been Issuetl by the Depertmenf o� Planning Servlces or ihe BoarE of Coun ��PP�icetion procetlures set Iotlh In Article II, Divislon 10, M tAry Chephc w9�ICWyrap Zone District uMil a WOCaI,q ry Commlssioners 1n accordance wryry me ��he Tribune ovember 9. 2018 . NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-26 published below, was introduced and, on motion duly made and seconded, approved upon first reading on December 14, 2015. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on January 4, 2016.All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2015-26 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: January 4, 2016, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 18, 2015 PUBLISHED: December 23, 2015, in the Greeley Tribune ******* WELD COUNTY CODE ORDINANCE 2015-26 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and oZo��- b6� i WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING Amend Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural)Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. through H. — No change. Delete I and reletter subsequent items. Amend Sec. 23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. Mineral resource development facilities including: 1. OIL AND GAS STORAGE FACILITIES. 2. OIL AND GAS SUPPORT AND SERVICE. 3. OIL AND GAS PRODUCTION FACILITIES. Renumber subsequent items. Remainder of Section- No change. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. ,1ttida�•it of Publscatinn STATE�.f�F C'C)l.c)R;�[)O ss_ C'��nry of'w4'eld, NOTiCE OF FIRST RE14pING QFAi{plNANGE i, Di3nc'��{�C'c3nkr;�,,_ �'urauaM ro Ore Wak}u�rm�Y�r litrne Fiute Ch�nc�r.Or3nr�Nirrryar 2'D�5-2�J�u6��srtetl bnkrw, .. .. .... ... �s7�drn,Ot�9A*�I neetr=�a+W�:rs,cnd�reedi�ssc�eti��ta�v;dtt��onlfrxtroadnpa�Dnc�ins �('s�id C:cf�int} of �Veld, being C�L1�}' S�i'or��, �;,y G � 7 ee nakf v,the u�xvrnk,�^s�1 tho Ef�aea:{;x'.als�wHh�..n the 1h'ekl Coi�'MM AtlwYh�s?ra'rorl Hui1'hnp 1 t54 4 Sdeed.Grr�w�Y,�[M9rM9 C�39�1.cn Jerwnrr 4,20t8.A71 pereb�s Ir an.y rnermic+r intereeeaq�n�ne rgm;y�p o��prqi�� Eh�fl I .i171 3(1 aCj Vcrt i�ing clerk ot' a-e r�ueetap ro�abfend�rKt�Tte�..pe�esro Pieaxp amlect�ha Clent W��he 9oartl's oP'ca a:{NcuWp 19 C�'f�;+;-'+2'5 Extersr�nn d22.�i.cr da:i f,9T0}33fr72�.(�n4r�a�ta dmY ot ihe haanr+g��,ae iha re- �.�a�e:aaat��ny ycu req,iire reaeonaG�a�;comrna�tar one x�a��r�,parnapata�r tm:•r��,a.d�g 'I'1(E(;N E�L E Y T R)Ei l'V F. Arry bsckup�tariel,sahib�5 ar ini��prcvF�usly�suLvrot�sei to the Haart!ot Gc;Ginty Cammix� eaormx5 eonaer�mg M�s.msnear may be e�rmey�r.tr�u alt�e c:'ttre GIerK tc thm anard cr Cnunry Cam`n�rorers,.OGatar!Nrtnin Ihe'Net,t f.,o�nh/ktirr:Nalr'86a'B;ul�9 11.riC�J Strcet Grgp�gy "ohrradc bah�een th�hcura ot8�a m ar:,p 5�G p+r,.,M�nnAda+r thru F�ndaY.or mey be axeseed 1n�fl IhC '�'.:IriC IS �l [I31I;�' 11��4'S�laper 0}' gcncral ihraugh Mw�'le1]Cuunty Wgb Fage Irvrvw.w.r�d.oc�eej E�Maf m�up�e�vsnt In�n ir4iv�d�1 �...arnmtaeione+•rr+ay r+aa bd k,c'udetl m ene aase Na.Tp sn�-�re irtGuic+n oC,vb�r F-►Aa 4 awr�xepor�- �a.+c��rnoir��,��m�.pi��„,aa�o�,c��,,,=kbco.��a,so.ua. circulalion an�!printnd a�u! publisheci in Ehe C..'it}'uf aac�N�n�c�rx; zn,F_2� C�reeley, in sa�d coui�ty and st�te: that ihe notiec or CSflf7ihANCE T�'LE IN TH�MATTER��REpEALI'.��r AN€)REENAC7t'�G,WITM AMEND• dC{VCffISCI11tt1I. ()t�LYI1tC;I1 tll�z11111CKe� IS i1 II'U4 L'11�1�', URTEC�PIEX R�NGN',Ianuary4H',+�8�sd9:OC�iarTiY�� hd5 hCCll Pllfl�lSflGl� I11 S�ld l`ial�}' I1�WS)J��)Cf f(15' I err.a�Gc�couNrrcaMMiss��r��s con5ecittitie(days► tli<�� the no�f�e was puhlishcd �;i WE1,0 Cbf1NTY,wp`,qRAR�7 ��T�a �^�*+�,�+,� the regul�ir antl entire issi�e�f e�•�ry n��mhcr�a(Said s�ueiiswEo oe��r��za.xo,s +��neare.�syrnnone newsp�per durin� the period and time t�f x�wcouNrr pt�blicatian �f saict nnticc, and in the. ne�ti��paper CCJaE Uf�01yANCE 201E•2i6 prc�per ancl not in 7 suPptcrnent thcreuf; dt�t the �M�MATTERQFR�PEf�ltlN�prypREENa,CT'tiG,Yy11HAM��aD1,�NTS,CNAiiTER� first Puhlic��lic�n nt'saiil nc�ticc ��as cunt�iited i�t the ZONI."�G,OF TNE WEID GQUNIY COOF T��cnlv-Thirc! dav of nrccmhcr A.CI. ?D 9 5 and --_, : aERORavacaavrkeeona�oFc�crruMaYcoMMiss�roE�sr��rr�c,nu,+rtyoF thc la�! Puhlicr�li�m thcrciif: rt� thc issue of said 14EY.D,STA7EQF(;p�pp/,4}p, WM[REA3,ChoElw�AolCaw^',y4'tnvr.c.�ai;nereoltMCountya�'rVnId.Sl6htlfCo��aOu� [1C�14'S��3p�en c�arinv thc da�c c�t thc P��n+�o�do etaWo�antl I�e'NeF7 Co;mhj Nome puar(�aAer,is uphtl wtth d+,o aultipatty Teb�cnt�-Th isd ctav nl�f)cccmh�r A.D.21�1� that al aoroi�w:�en�!he aHp°�s U Wnki Cni.nry,Cdwada.aiiA . ._- . ' ww�Feas,in.eoem�rc�,3�,r�c�,m�ss�a�er�,.>7�eR�e�ee xao,��:�aweaca;�ry saiij Thc C;rccicy� Trihunc has bcC�i published c�ora�n.r�azdoo-i,�.,�n��,�compren�;��:Pre.o-a�+a��:,��iy��waw ��iue+nyrne continuuu.h and unintcrruptcdly Jurr��11}e peric�d coc�t��cahor•x al Vrcvlou6�/edoBAer!a�JM��r�:ea o�a c»�prai antl w:�mp;�aent ne4�re c+�,uGad on or I �"'ro'e�a'a'�'"c�a�no^ „+tl nf at leasl �ix me�nlhs ncxl priur to [he firsi isstie �Y.iEREAS 71eW�pdCowcy Codal�mnpqdatr�ic:n�n�clnr�ite:;a�+,r�.�,,..�„��m�a Iherec�f conl:��ncrl Sxid nciticc or BtjYCClIS�I]t211� e�mcedurel,N.me,anU rorswiremeMs th9rAln. NO'+V,T11�HEFCAf.,BE T dRD�,�NEO t�y�ha Aogtq P„{�p��.Cnmmtagiorerg af�he Cuanly ol `��'c rcfCrreci (I1', f�l:il ti1ll� f1L'41'tiPii�Cl' f1ilS �ZC'll 'Ihb.S2fiEe Uf f,pqraOp.ihUt GBrt&ir;uKi5hng Ghe�tOes ol Me'Nnl�f�ourity Gxe be.vnd harppy �1'�111{�t�(j !tl f�fl� t 1 nisa! Staics mails as scw�n�1-t�ass +�e.re{��elr�uandr�•erycplerq,wlitranar,ymenca.ax+tllF2ya,nusChe.�ecrcarereviw*dtareaCas matier undrr 9hc pmvisicros t�f thc .a�t t�f h7�trch �«i�.� cHArre�z� 3,I R7�?, ur any �rncn�rncntr thcreuf; ai�d thak sa�t! zorvi.k� nc�♦�sp�tn�r is zi duily ncwspuper July� yualified tor amend sur. �,3-3-Z0.Wea a�awnd by�ry�n�. No BUILDING SfRUGTUfiE Or Iqr�9;F811 be USE'.;��9 nq f$UILDIN(a or STAUCTJf�gAa�� pl3hli;h in`, �l'�,�4� fl()lll:l'1 c1t1(� �dveriise��7e�its wlt�ll[l r�eane�oee�� r„�iU�„ay�me.n�.pna�pe�,;,.,»,,,nrair�a��mea��,;G„nurenz� thc mcaning c�fthc law;uf thc 5tatr.��f Coforadn. D1ghe.^t ex[npl'�r�ne(t.i�mofs cri the'�d�owi�•:��USES.La�r,Ih+�A{A��a�flwa:i fone CNa6aca is euqrx.i a the scY��u1e o'b�-k rsquKamenls c;rramsd in Sac�Atar�23-7-SC E�akwe U8E8 wahrti the A(J�qr�cuRa.ral;Zorne i,s*.rci s�atl esa t++a su�c�:�m adG�fiitrrte�rQqu+reme�4.y r.�yrnninetl in � dAicle�IV and V of thi�Chapk.�r, „ 7 S Tl�ccmhrr __�, �t)1.. A.IAr3ttpn t1.-No rnar»�e. , oei.�eiar,are�atteraubaeyuerupo+ns. " �I�VtalC�hart!�i �i;'a.7t . ... .,_._._... •rnord Sec e3 3J0.tb¢s 4�r ecist nsview //��,,,, TTa IYslkv.irq BUICDF135,S R�7'11�S and U$ES mry be�shuetad,cecupied,ooere164 rnd �� y 5 n /"1 �- m�i��uined�n�e A IRprrnrn�tturaci Yone OiWrct upowr apptrtyfg�cf g p�rmd m ac.bory�Anpe w�e.n thp � Yl � t'l�r _. rt�ui^Ot'1@t115.and proo9tlur19s 9B�tOrh il'r A+'tleM9 11��+.�s6fpM C a�thi8 ChflFtqr, ,� 1Sd� r1.YA�nefal tE6twnCa N,BVBi00rnHM�dciiiaeg rtldUdirp�. � �--- —� 7.CtH,AND GAS S7J'#iAG�LAGI�.ITdES. z.oi�nN4�,ns suQ�'r�r�o seAvacE. ?;rd c�ar u I i)�ccn►tx r_.-'l)1 i 3.C}IL kNll GAS PRODUCYION FACItIT1ES. � . . . RenumC�r tu3eeaueri it�*�e. Rema�ae�orsemor�•twoc�,anae, 1l��( c�mmi,�ii�n f xpir�s ti�'1=�:'?O1? El�!t FilAT1tER QRC1+6rN£[}p�a the 6oartl 1haA iha�Wrk ta Ine BcaeM C�a,erttl tremt+y+a.dirOcsacl to ar�r�le for Min�code to 5upplement fh�o Weet C.curny Cooe�nm t�+e ame�Ma cr,harned hm�tan.�cancice Mta�c:!aiptars.articses tlivasN:r�s.satt�na,w�d rv.ibv�:linrs sa arey cumgr+�fy 2016-0061 nu'r�nrt�tr+pfnnnmeftt cf Chap��era��er1� dtvleiq�.s�&ac€�iro ryr!s�b6e�ctiana��amriC�n�r�t 6E!'Fi1R?MER OGAAl.•�ED#iy Ihe Baeer.It any ee�efiur-,:,�be�i�on�,Paragr�h,�nber�.�, # bB ^ e�m:sa.or Dtie�s a#[nis Or3na�ae re Wr ar��r6e�r�haty��oeCiel�d eo be:,rx�:nnsln�bdna�,9uch �r�sw�aha c��vot aft[cl tl+e valM"!Y et tt�rernaini��g penirna herQe 7Ix:�P.oartl at Cn�;nty �°amrnissipnp�a Yern�jc�Cfaras Ih�az wuukl hnve enaceeW tn�aLYtle�srxe in each and evary sece�en� ,sut�ct'rsn,Faragroph,senW�wi+.ciiuse,anU W'raae tl��emr,t iresp�ive ot ihe tae.l 1heE . _.. _.--- —_. arwooe�n•amaecuo�,wUsectfar�.�;araAradrs.ear.erMce�c.el€u�s nrphra6eemgMbe �UCan� P�EhIkL C�84`A9P&l��O R7@ i►1l:O�I�41nG+Yefl Of�A41#tiQ. � rnr t�,,hr �ae� t�e`�e"C�'r��'`roib ROBERT LiTTLE �1QTARY PUk�LIC __ _. 57AT�O�COlOF2AQ�O PN7TARY l0 2001401$494 MY CCNNMtSS1ON FJCPtRE5 JUNE 14,201T r----- - _ _._--- — _ ___ NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on January 4, 2016, and January 25, 2016. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@co.weld.co.us. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. DOCKET#: 2015-121 PLANNING COMMISSION DATE: November 17, 2015 TIME: 12:30 p.m. BOARD OF COMMISSIONERS DATE: December 14, 2015 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2015-26 PRESENTED BY: TOM PARKO REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE PLANNING COMMISSION WELD COUNTY, COLORADO DATED: October 29, 2015 PUBLISHED: November 3, 2015, in the Greeley Tribune 020/� _ b d�l �fYtdavit of Publicati<Sn S7"A'I'N C)F CC�LC}RADC) ss. Cotu7ty of Wel�i, 1 Diane McC'onk� c�f said County o(' w'cld, bein� dt�ly sworn, say that I al��a�� aclvertisin�cl�rk of TItE G1tEELFY TRIB�UNE, that thc same is a d��ily nG�vspaper ot' gerleral � circulation ai�d printec� an� piibfished in the Crty of� � � � � � Greel�y, in s�id coi�nty and stcite; [h�+t th� noC�4e c�r � ��-�� clveriisement, of��hich the anneaed is a true copy, �i rnia t �t'ri�zc�r�rn�(;�,vs oi E ie St��ic�.e>t�e�aaE�z3�an�d ttrs �litS f)��I7 �lL1�J�IS�1�C� ❑1 Sillf� t��11�� t1�4P3(1e��CC f01' `� 7.�� i tY��9e �{,u i .c-•aeva�wdl t.ir,h�I t tr�f��th�.�"tc7tl COIlSeClIC1VE'. 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I.�H . � � � � . .� � h. _ -��'-�� _ _ �rd d�iy of November �O I�+ IVT}'Commissio�� ExF�ires?i'1�!?Q 19 ��_ _ --- _ _ __ .____ ��,�rz�� r�,ei�� JERlLYN L. MAR7INEZ NC3TAf2Y Pt18UC STAT�C?F CC7LO�2ADt) NOTARY i(J 2�f7740067b8 MY CQhIM�SSl0N EJtPtRE5 FEBttt1ARY f{,20f9 t'—'.. _._. _ ._.. _ � .�_ _. Hello